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 8.139 - Executive Order No. 139: Temporary Suspension and Modification of Health Statutes and Regulations During the State Disaster Emergency

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on November 18, 2014, I issued Executive Order
					 Number 137 declaring a disaster emergency in the Counties of Cattaraugus,
					 Chautauqua, Erie, Franklin, Genesee, Herkimer, Jefferson, Lewis, Oswego,
					 Wyoming, and contiguous counties;
WHEREAS, it is incumbent upon the State to ensure that the
					 provision of health care services to New Yorkers continues with minimal
					 disruption to the maximum extent feasible; and
WHEREAS, full compliance with certain statutory and
					 regulatory requirements may delay or impede the ability of providers to furnish
					 such services;
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 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, for the period from the date of this
					 Executive Order through December 1, 2014, the following laws:
Subdivision (2) of section 3320  of the Public Health Law,
					 and any associated regulations, to the extent necessary to allow licensed
					 facilities, including but not limited to hospitals, nursing homes, and
					 institutional dispensers, to temporarily accept, store and administer those
					 controlled substances lawfully prescribed to patients and residents affected by
					 the disaster emergency, while maintaining appropriate patient specific
					 record-keeping and diversion prevention practices, and subject to any terms and
					 conditions that the Commissioner of Health may deem appropriate;
Subdivision (1) of section 3333 and subdivision (2) of
					 section 3338  of the Public Health Law, and any associated regulations, to the
					 extent necessary to allow a licensed pharmacist to dispense a controlled
					 substance to a patient whose access to prescriptions or previously dispensed
					 controlled substances has been directly affected by the disaster emergency, if
					 the pharmacist, through the use of a shared database can verify the
					 authenticity of the prescription and the prescription indicates authorized
					 refills;
Subdivision (3) of section 3332, subdivision (1) of section
					 3333 and subdivision (3) of section 3339  of the Public Health Law, and any
					 associated regulations, to the extent necessary to allow a licensed
					 practitioner to prescribe and a licensed pharmacist to dispense a controlled
					 substance more than seven days prior to the date the previously dispensed
					 supply would have been exhausted if the patient's supply has been destroyed,
					 made unusable or made inaccessible due to the disaster emergency;
Paragraph (a) of subdivision (2) of section 6810  of the
					 Education Law, and any associated regulations, to the extent necessary to allow
					 a licensed pharmacist to dispense a non-controlled prescription drug to a
					 patient whose access to previously dispensed non-controlled prescription drug
					 has been directly affected by the disaster emergency, if the pharmacist,
					 through the use of a shared database can verify the authenticity of the
					 prescription and the prescription indicates authorized refills;
Section 400.9 and paragraph (7) of subdivision (f) of
					 section 405.9 of Title 10 of the New York
					 Codes, Rules and Regulations ("NYCRR"), to the extent necessary to permit
					 general hospitals and nursing homes licensed pursuant to Article 28 of the
					 Public Health Law ("Article 28 facilities") and affected by the disaster
					 emergency to rapidly discharge, transfer or receive patients, as authorized by
					 the Commissioner of Health, provided that such facilities take all reasonable
					 measures to protect the health and safety of patients and residents, including
					 safe transfer and discharge practices, and comply with the Emergency Medical
					 Treatment and Active Labor Act (42
					 U.S.C. §
											1395dd) and any associated
					 regulations;
Section 400.11 of Title 10 of the NYCRR, to the extent
					 necessary to permit Article 28 facilities receiving patients evacuated from
					 other Article 28 facilities due to the disaster emergency to complete patient
					 review instruments as soon as practicable;
Section
					 400.12 of Title 10 of the NYCRR,
					 to the extent necessary to allow patients affected by the disaster emergency to
					 be transferred to receiving Article 28 facilities as authorized by the
					 Commissioner of Health;
Subdivision (e) of section 405.2 of Title 10 of the NYCRR,
					 to the extent necessary to permit general hospitals affected by the disaster
					 emergency to maintain adequate staffing;
Subdivision (b) of section 405.3 of Title 10 of the NYCRR,
					 to the extent necessary to allow general hospitals affected by the disaster
					 emergency to use qualified volunteers or personnel affiliated with different
					 hospitals, subject to terms and conditions established by the Commissioner of
					 Health;
Paragraph (6) of subdivision (b) of section
					 405.4 of Title 10 of the NYCRR, to
					 the extent necessary to allow general hospitals affected by the disaster
					 emergency to assess the fitness of medical postgraduate trainees and attending
					 physicians to continue working without a specific hourly limit;
Paragraph (1) of subdivision (e) of section 405.4 and
					 subdivision (b) of section
					 707.3 of Title 10 of the NYCRR, to
					 the extent necessary to permit physicians to supervise up to ten physician
					 assistants and registered specialist assistants in general hospitals affected
					 by the disaster emergency;
Paragraph (12) of subdivision (b) of section
					 405.9 of Title 10 of the NYCRR, to
					 the extent necessary to permit general hospitals receiving patients transferred
					 from Article 28 facilities evacuated as a result of the disaster emergency to
					 arrange for the performance of histories and physical examinations of the
					 evacuated patients as soon as practicable following admission;
Subdivision (d) of section
					 405.19 of Title 10 of NYCRR, to
					 the extent necessary to allow general hospitals affected by the disaster
					 emergency to staff their emergency departments as needed;
Subdivision (a) of section 405.28 of Title 10 of the NYCRR,
					 to the extent necessary to permit general hospitals receiving individuals
					 affected by the disaster emergency to provide social services screenings as
					 soon as practicable following admission or to forego such screenings for
					 individuals returned to facilities from which they were evacuated;
Section 415.11 of Title 10 of the NYCRR, to the extent
					 necessary to permit nursing homes receiving individuals affected by the
					 disaster emergency to perform comprehensive assessments of those residents
					 temporarily evacuated to such nursing homes as soon as practicable following
					 admission or to forego such assessments for individuals returned to facilities
					 from which they were evacuated;
Subdivision (b) of section
					 415.15 of Title 10 of the NYCRR,
					 to the extent necessary to permit nursing homes receiving individuals affected
					 by the disaster emergency to obtain physician approvals for admission as soon
					 as practicable following admission or to forego such approval for individuals
					 returned to facilities from which they were evacuated;
Subdivision (i) of section 415.26 of Title 10 of the NYCRR,
					 to the extent necessary to permit nursing homes receiving individuals affected
					 by the disaster emergency to comply with admission procedures as soon as
					 practicable following admission or to forego such procedures for individuals
					 returned to facilities from which they were evacuated;
Paragraph (7) of subdivision (h) of section 763.4 and
					 paragraph (1) of subdivision (d) of section
					 766.5 of Title 10 of the NYCRR, to
					 the extent necessary to permit certified home health agencies, long term home
					 health care programs, AIDS home care programs, and licensed home care services
					 agencies serving individuals affected by the disaster emergency to conduct
					 in-home supervision of home health aides and personal care aides as soon as
					 practicable after the initial service visit;
Subdivision (a) of section 763.5 of Title 10 of the NYCRR,
					 to the extent necessary to permit initial patient visits for certified home
					 health agencies, long term home health care programs and AIDS home care
					 programs serving individuals affected by the disaster emergency to be made
					 within 48 hours of receipt and acceptance of a community referral or return
					 home from institutional placement;
Subparagraph (ix) of paragraph (5) of subdivision (b) of
					 section 505.14 and subdivision (f) of section 505.28 of Title 18 of the NYCRR,
					 to the extent necessary to permit an additional 15 days for reauthorizations of
					 personal care and consumer directed personal assistance program services for
					 individuals affected by the disaster emergency, where the authorized period of
					 services otherwise would terminate during the period of the disaster emergency
					 declared pursuant to Executive Order Number 137;
Subparagraph (ii) of paragraph (2) of subdivision (e) of
					 section 505.14 of Title 18 of the NYCRR,
					 to the extent necessary to permit training for personal care workers serving
					 individuals affected by the disaster emergency to be held as soon as
					 practicable after the conclusion of such period, where such training otherwise
					 would be required during the period of the disaster emergency declared pursuant
					 to Executive Order Number 137, provided that such workers have sufficient
					 competence to provide such services; and
Paragraph (3) of subdivision (f) of section
					 505.14 of Title 18 of the NYCRR,
					 to the extent necessary to permit nursing supervision visits for personal care
					 services provided to individuals affected by the disaster emergency to be made
					 as soon as practicable.
Signed: Andrew M. Cuomo
Dated: November 20, 2014