September 28, 2021

NYS Council members,

As discussed yesterday, Governor Hochul has issued an Executive Order that seeks to relieve potential and actual staffing shortages in hospitals and ‘healthcare facilities’ that are anticipated as result of the SDoH Vaccine Mandate that went into effect last night.  I am working to confirm the elements of the Order (listed below) apply to all healthcare settings including BH settings.

Stand by.

ORDER LINKED HERE.

———- Forwarded message ———
From: Bob Reid <bobr@lobbywr.com>
Date: Tue, Sep 28, 2021 at 8:14 AM

9/28/2021

Governor Hochul Signs Executive Order Declaring a Disaster Emergency Due to Healthcare Staffing Shortages

Governor Hochul issued the attached Executive Order (attached) which waives scope of practice requirements and a broad list of requirements under the public health law, insurance and education law including:

• Allowing out of state and out of country health care workers including physicians, RNs, LPNs, NPs, PAs, midwives, clinical nurse specialists, licensed master social workers, and licensed clinical social workers to practice in New York;
• Allowing advanced practice nurses with a doctorate or masters degree specializing in the administration of anesthesia in a general hospital or free-standing ambulatory surgery center without the supervision of a qualified physicians in these health care settings;
• Allows nurse initiated protocols to include electrocardiogram for signs and symptoms of acute coronary syndrome, blood glucose for altered mental state, Labs and intravenous lines for potential sepsis and pre-procedure pregnancy testing to expedite evaluation and diagnosis;
• Waiving re-registration fees, creating an expedited re-registration process, and eliminating barriers to re-enter the workforce for retirees;
• Allowing practitioners to work or volunteer in other facilities;
• Allowing physician visits in nursing homes to be done using telemedicine;
• Ensuring removal of barriers for EMTs and Advanced EMTs to practice and assist in additional settings, allowing basic EMTs to vaccinate and test for COVID-19, extending all EMS providers’ certification period by one year, modifying certification requirements, allowing EMTs to provide community para-medicine, and permitting out of state providers to operate in the New York State EMS System;
• Allowing New York State-licensed providers without current registrations to practice without penalty for lack of registration;
• Allowing graduates of SED-registered programs (NP, Lab, RN, LPN) to practice in a hospital or nursing home for 180 days following graduation; and
• Providing flexibilities for clinical labs to increase testing capacity
• Allowing out of state and out of country health care workers including physicians, RNs, LPNs, NPs, PAs, midwives, clinical nurse specialists, licensed master social workers, and licensed clinical social workers to practice in New York;
• Waiving re-registration fees, creating an expedited re-registration process, and eliminating barriers to re-enter the workforce for retirees;
• Allowing practitioners to work or volunteer in other facilities;
• Allowing physician visits in nursing homes to be done using telemedicine;
• Ensuring removal of barriers for EMTs and Advanced EMTs to practice and assist in additional settings, allowing basic EMTs to vaccinate and test for COVID-19, extending all EMS providers’ certification period by one year, modifying certification requirements, and permitting out of state providers to operate in the New York State EMS System;
• Allowing New York State-licensed providers without current registrations to practice without penalty for lack of registration;
• Allowing graduates of SED-registered programs (NP, Lab, RN, LPN) to practice in a hospital or nursing home for 180 days following graduation; and
• Providing flexibilities for clinical labs to increase testing capacity

The executive order also expands the scope of practice for additional health care workers to allow for COVID-19 testing and vaccinations, including an expansion of the ability of midwives, registered nurses, physicians, and nurse practitioners to more easily administer and order COVID-19 vaccinations and testing as well as flu vaccinations.  

To aid in facilitating faster efficient patient transfers to mitigate any staffing issues, the executive order also permits facilities to discharge, transfer, or receive patients quickly, provided they are protecting the health and safety of patients and residents and complying with federal law. Additionally, the executive order suspends 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 rehabilitation services following a hospital admission, as well as suspends concurrent and retrospective review of claims during the duration of the order.

Additionally, Governor Hochul plans to work with the federal government and other state leaders to explore ways to expedite visa requests for medical professionals and is monitoring whether the deployment of medically-trained National Guard members may be necessary to execute at any point.