New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.64 - Executive Order No. 64: Temporary Suspension and Modification of Regulatory Provisions Regarding Home Health Care During the State Disaster Emergency

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on October 26, 2012, I issued Executive Order
					 Number 47, declaring a disaster emergency in all 62 counties in the State of
					 New York;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by Section 29-a of Article
					 2-B of the Executive Law to temporarily suspend or modify specific provisions
					 of any statute, local law, ordinance, orders, rules or regulations, or parts
					 thereof, of any agency during a State disaster emergency, if compliance with
					 such provisions would prevent, hinder or delay action necessary to cope with
					 the disaster, hereby temporarily suspend or modify, as the case may be, during
					 the period from the date that the disaster emergency was declared pursuant to
					 Executive Order Number 47, issued on October 26, 2012, until further notice,
					 the following:
Articles 28-E and 36 of the Public Health Law and Article
					 139 of the Education Law, and any associated regulations, to the extent they
					 prohibit home care or nursing services from being provided by an individual not
					 licensed pursuant to such articles and regulations and to the extent they limit
					 the provision of home health services to agencies that are licensed or
					 certified pursuant to Article 36 of the Public Health Law, so that home health
					 agencies which are not approved to operate in New York State may nonetheless
					 provide such services pursuant to a contract with the Federal Emergency
					 Management Agency ("FEMA") for the purpose of serving individuals within the
					 counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk
					 and Westchester, as long as the employees providing services pursuant to such
					 FEMA contract are themselves licensed or certified, as applicable, in other
					 states and are in good standing in such states, possess the appropriate
					 training and competence required by applicable federal regulations and
					 otherwise act only within the scope of their practice and expertise consistent
					 with the authority their level of training and education would allow them under
					 the corresponding New York state license or certification; and
Article 36 and Article 40 of the Public Health Law, and any
					 associated regulations, to the extent they limit the provision of services by
					 entities licensed or certified under such articles to the geographic areas
					 approved pursuant to such licenses or certifications and any underlying
					 establishment or construction applications, so that such entities may serve
					 patients who are located outside such approved geographic areas and who are in
					 need of services during the disaster emergency but remain in the counties of
					 Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk and
					 Westchester.
Signed: Andrew M. Cuomo
Dated: November 5, 2012