submitted by Lindsay Heckler, Esq.
On May 10, 2020, Governor Cuomo issued Executive Order No. 202.30 Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.
To summarize, every nursing home and adult care facility is required to test (or arrange to have tested) all staff twice a week, pursuant to a plan the administrator must develop and file with the Department of Health by 5pm this Wednesday, May 13th. Staff who refuse to be tested shall not be allowed to work. Facilities must certify they are in compliance by this Friday. The Department of Health has the authority to revoke or suspend a nursing home or adult care facility’s operating certificate and appoint a receiver on 24 hours notice. Nursing homes and adult care facilities face between $2,000 to $10,000 per day, per violation penalty for noncompliance.
Lastly, the Emergency Order states hospitals shall not discharge a patient to a nursing home unless the nursing home operator or administrator has first certified that it is able to properly care for such a patient. In addition, hospitals shall not discharge a patient to a nursing home without first performing and obtaining a COVID-19 negative test.
This order is in effect through June 9th.