New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 9 - Executive Orders (Kathy Hochul) › Section 9.76 - Executive Order No. 76: Continuing the Declaration of a Statewide Disaster Emergency due to the Ongoing Spread of the Monkeypox Virus in the State of New York

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the monkeypox virus has been declared a Public
					 Health Emergency of International Concern by the World Health Organization as
					 of July 23, 2022;
WHEREAS, due to the ongoing spread of the monkeypox virus
					 and the significant risk that this virus poses to human health, the monkeypox
					 virus has been declared an Imminent Threat to Public Health by the New York
					 State Commissioner of Health as of July 28, 2022;
WHEREAS, New York is now experiencing one of the highest
					 rates of transmission in the country, with 3124 cases reported in New York
					 State as of August 26th, 2022;
WHEREAS, local health departments are actively responding
					 to the monkeypox outbreak through investigation support, contact identification
					 and monitoring, vaccine administration for exposed contacts and focused current
					 high-risk populations, and education and outreach;
WHEREAS, the New York State government must support the
					 municipalities, localities, and counties in their efforts to facilitate and
					 administer vaccinations and tests for monkeypox, and to prevent the disease
					 from continuing to spread;
NOW, THEREFORE, I, Kathy Hochul, Governor of the State of
					 New York, by virtue of the authority vested in me by the New York State
					 Constitution and the laws of the State of New York, do hereby extend the state
					 disaster emergency as set forth in Executive Order 20, and continue the terms,
					 conditions, and suspensions contained in Executive Order 20, through September
					 27, 2022; and
FURTHER, 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 any statute, local law, ordinance, order, rule, or regulation, or parts
					 thereof, of any agency during a state disaster emergency, if compliance with
					 such statute, local law, ordinance, order, rule, or regulation would prevent,
					 hinder, or delay action necessary to cope with the disaster emergency or if
					 necessary to assist or aid in coping with such disaster, I hereby temporarily
					 suspend or modify for the period from the date of this Executive Order through
					 September 27, 2022 the following:
* Sections 3216 (i)(17)(E), 3221 (l)(8)(E), and 4303 (j)(3)  of
					 the Insurance Law, to the extent necessary to:
(1) require coverage, without any copayments, coinsurance,
					 or annual deductibles, for the monkeypox virus immunization, and the
					 administration thereof, when provided in-network or out-of-network for
					 grandfathered health plans and for individuals who do not fall within the
					 recommendation from the Advisory Committee on Immunization Practices ("ACIP")
					 of the Centers for Disease Control and Prevention; and
(2) waive copayments, coinsurance, and annual deductibles
					 for this immunization, and the administration thereof, when provided
					 out-of-network with respect to individuals subject to the recommendation by
					 ACIP;
* Sections 3221 (h) and (l)(3), 4303 (e)(1) (f)(1), and
					 (ll), and 4328 (b)(1)  of the Insurance Law, to the extent necessary to waive
					 copayments, coinsurance, and annual deductibles for:
(1) in-network laboratory testing to diagnose the
					 monkeypox virus; and
(2) visits to diagnose the monkeypox virus at the
					 following locations, including through telehealth: an in-network provider's
					 office, an in-network urgent care center, any other in-network outpatient
					 provider setting able to diagnose monkeypox, or an emergency department of a
					 hospital, provided, however, that co-payments, coinsurance, and annual
					 deductibles may be imposed in accordance with the applicable policy or contract
					 for any follow-up care or treatment for the monkeypox virus, including an
					 inpatient hospital admission, as permitted by law, and a deductible may be
					 applied for a high deductible health plan as defined by the Internal Revenue
					 Code Section 223(c)(2) if otherwise require by law.
GIVEN under my hand and the Privy Seal of the State in the
					 City of Albany this twenty-eighth day of August in the year two thousand
					 twenty-two.
Signed: Kathy Hochul
Dated: August 28, 2022