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Executive Orders Declaring Disasters Regarding Staffing Shortages and Monkeypox Extended

On Aug. 28th, Governor Hochul extended Executive Order (EO) 4, which established a statewide disaster emergency due to health care staffing shortages. EO 4.12 extends EO 4 to Sept. 27th, but includes a few suspension provisions to be terminated:

  • The suspensions made to Section 4903 of the Insurance Law and Section 4903 of the Public Health Law by Executive Order 4 are hereby terminated;

The suspensions had allowed the following: (Section 4903 of the Insurance Law and Section 4903 of the Public Health Law only to the extent necessary to increase availability of healthcare staff, upon certification by the hospital to the health plan, by suspending requirements for preauthorization review for scheduled surgeries in hospital facilities, hospital admissions, hospital outpatient services, home health care services following a hospital admission, and inpatient and outpatient rehabilitation services following a hospital admission; and to suspend concurrent review for inpatient and outpatient hospital services; and to suspend retrospective review for inpatient and outpatient hospital services at in-network hospitals; during the pendency of this Executive Order only)

 

  • The tolling of statutory timeframes required for hospital submission of an internal appeal and external appeal set forth in subsection c of Section 4904 of the Insurance Law, paragraph 1 of subsection b of Section 4914 of the Insurance Law, subdivision 3 of section 4904 of the Public Health Law, and paragraph a of subdivision 2 of Section 4914 of the Public Health Law, are hereby terminated, and any such appeals pending or in progress at the time the tolling provisions of Executive Order 4 took effect shall have their statutory timeframes reset.

The Governor also, on Aug. 28th, extended EO 20, which established a statewide disaster emergency due to the ongoing spread of monkeypox. EO 20.1 extends EO 20 to Sept. 28th and adds provisions requiring insurance coverage for monkeypox vaccination, testing, diagnosis, and more. To date, this has not risen to an issue of concern for members delivering long term care services. We ask you to let staff at LeadingAge NY know if this does become an issue in member settings and if you have any questions or concerns on this issue.

Contact: Meg Everett, meverett@leadingageny.org, 518-867-8871