Surge and Flex Health Coordination Regs Reissued
Among the emergency regulations that were reissued over the weekend were the Surge and Flex provisions originally published and effective in August of last year. While these regulations lay out some requirements for hospitals and are aimed at facilitating a quick increase in hospital capacity and coordinating response to a health emergency, they also impact other health care providers by granting the Commissioner of Health the authority to suspend or modify various regulations during a declared state disaster emergency. The sections of Department of Health (DOH) Regulations (i.e., Title 10) that are affected include Subchapter A of Chapter V, which lays out minimum standards for medical facilities (i.e., Parts 400 through 448), as well as the State Hospital Code (Parts 700 through 717) that delineates construction standards for nursing homes. The regulations also allow suspension or modification of Part 1001 of Title 10 that governs assisted living facilities as well as Parts 487, 488, and 490 of Title 18 (Social Services Regulations) governing Adult Homes, Enriched Housing, and Residences for Adults.
Although the Governor could always make the same modifications through Executive Orders or directives pursuant to the Executive Law, the new provisions provide a quick and direct way for DOH to make temporary changes in the case of a declared emergency.
The Commissioner of Health or their designee can temporarily suspend or modify any of the specified sections of regulations as long as they are not otherwise required by State statute or federal law. This authority would be in place during a period of a state disaster emergency declared pursuant to Section 28 of the Executive Law. Regulatory provisions could be suspended or modified if compliance with such provisions, or parts thereof, would prevent, hinder, or delay action necessary to cope with the state disaster emergency, or if necessary to assist or aid in coping with such disaster, and may include any modifications of regulation, exceptions, limitations, or other conditions deemed appropriate and necessary to respond to the disaster emergency. Along with the specified sections of regulations, it also authorizes temporary suspension or modification of additional regulatory provisions if the Governor temporarily suspends or modifies a controlling State statute. The reissued emergency regulations (which contain the same provisions as those originally issued in August) are effective from June 24th through Aug. 8th and available here.
Contact: Darius Kirstein, dkirstein@leadingageny.org, 518-867-8841