Governor Declares Emergency in Response to NYC Nurses Strike
(Jan. 13, 2026) In response to the nurses strike in NYC this week, Governor Hochul declared a disaster emergency, and the Department of Health (DOH) activated its Surge and Flex Health Care Coordination System to ensure access to hospital care. To mitigate anticipated health care staffing shortages, the disaster emergency executive orders (EOs) authorize various professionals who are not licensed in NYS to practice in NY, while the Surge and Flex system seeks to alleviate overcrowding by facilitating the transfer of patients among facilities.
Specifically, EOs 56 and 56.1, declaring a disaster emergency in Bronx, Nassau, Manhattan, and contiguous counties, authorize physicians, nurses, nurse practitioners, physician assistants, and others who are licensed and in current good standing in any state or Canada to practice in NYS. The EOs also authorize graduates of certain nursing programs who have registered with the State Education Department to be employed to practice nursing in a hospital or nursing home, under the supervision of a registered professional nurse, for 180 days following their graduation. It is unclear whether these exemptions from NYS licensure apply statewide or just in the affected counties. The EOs are in effect until Jan. 25th.
The Dear Administrator Letter (DAL) notes that, under the Surge and Flex regulations, hospitals "may be required to rapidly discharge, transfer, or receive patients in the case of a patient who is admitted at a general hospital in the affected area but must be transferred to another general hospital, because the sending hospital is at or near capacity and must therefore place patients elsewhere." Patients may be transferred, even if the patient or their decisionmaker does not consent, provided that a physician has issued an order indicating that removal, transfer, or discharge will not create a medical hazard to the person, or that such removal, transfer, or discharge is considered to be in the patient’s best interest.
LeadingAge NY recognizes that rapid discharges from hospitals to post-acute care may create challenges for patients and post-acute care providers, such as nursing homes and home health agencies. The association has raised some of these concerns with DOH. In particular, we noted that federal regulations prohibit providers from admitting patients if they lack the staff to provide necessary and appropriate care for them. LeadingAge NY encourages members to reach out to the association if they have questions or concerns about the Surge and Flex system.
Contact: Karen Lipson, klipson@leadingageny.org