Tag Archives: executive order

Reimbursement Rate for Out-of-Network Emergency Services: Executive Order Potentially Sets Precedent

On April 9, 2020, Governor Baker issued an emergency order, mandating that insurers cover all medically necessary emergency department and inpatient services costs of COVID-19 treatment at both out-of-network and in-network hospitals and other medical facilities, without any cost to the patient, setting the OON reimbursement rate at 135% of Medicare, and prohibiting providers from balance billing. The Governor appears to have relied on § 7 of the Massachusetts emergency preparedness and response law in issuing the Order.  Section 7 gives the Governor broad powers during a state of emergency, including “[r]egulation of the business of insurance and protection of the interests of the holders of insurance policies and contracts and of beneficiaries thereunder and of the interest of the public in connection therewith.”

To read the full text of this post by Duane Morris attorney Emmy Monahan, please visit the Duane Morris Health Law Blog.

President Announces the Drafting of an Order to Temporarily Suspend Legal Permanent Immigration to the United States in Reaction to COVID-19 Pandemic

President Trump announced at an April 21 press conference that he would sign an executive order temporarily suspending certain individuals seeking permanent resident (green card) status in the United States. The president is expected to sign the suspension order this week, and its scope appears to be limited only to green card applicants at this time.

To read the full text of this Duane Morris Alert, please visit the firm website.

New Jersey and New York Governors Mandate Masks and Other Measures to Protect Workers and Citizens

Governors Cuomo and Murphy announced additional measures intended to protect workers and citizens in New York and New Jersey.

On April 12, 2020, New York Governor Andrew Cuomo issued Executive Order 202.16, which will require employees of essential businesses who are present in the workplace to wear face coverings when in direct contact with customers or members of the public. This order goes into effect April 15, 2020, at 8:00 p.m.

On April 8, 2020, New Jersey Governor Phil Murphy issued Executive Order 122, which created new restrictions and requirements applicable to certain employers across the state, specifically those involved in warehousing, manufacturing, essential retail businesses and construction. In addition to closing all nonessential construction, the order mandates various new requirements employers must implement such as policies for employees to wear cloth face coverings and gloves. Executive Order 122 went into effect on April 10 at 8:00 p.m.

To read the full text of this Duane Morris Alert, please visit the firm website.

New York Issues Updated Guidance on the Definition of “Essential Business” and “Non-Essential Business”

On April 9, the Governor issued and updated Executive Order (202.6) to provide further guidance on determining whether a business is “Essential” (and thereby permitted to operate) or “Non-Essential” (and, thereby NOT permitted to operate).

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.

Pennsylvania Governor Authorizes Emergency Management Officials to Seize Medical Supplies for COVID-19 Fight

On April 8, 2020, because of “a critical shortage of PPE, pharmaceuticals, and other medical resources,” Pennsylvania Governor Tom Wolf signed an Executive Order to “Ensure the Efficient Allocation and Effective Use of Critical Medical Resources.” The order authorizes Pennsylvania emergency management officials “to commandeer and utilize all PPE, pharmaceuticals, and other medical resources required to respond to, provide care for those afflicted by, or otherwise prevent the spread of COVID-19 from all private, public, and quasi-public health care providers and facilities, as well as manufacturers and suppliers of PPE, pharmaceuticals, and other medical resources located within the Commonwealth of Pennsylvania.” The order is effective immediately.

To read the full text of this Duane Morris Alert, please visit the firm website.

COVID-19: Updates to New Jersey Executive Order

Governor Murphy announced on Wednesday, April 8, 2020, a pending Executive Order that will impact business operations across the State of New Jersey, including construction, retail, manufacturing and warehouses.

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog

New Jersey Governor Authorizes State Police to Commandeer Supplies, Property and Services from Private Entities

On April 2, 2020, New Jersey Governor Phil Murphy signed Executive Order 113, which authorizes the Superintendent of State Police acting as State Director of Emergency Management to “take or use personal services and/or real or personal property, including medical resources, for the purpose of protecting or promoting the public health, safety, or welfare.” Due to the “critical shortage of medical resources in the State,” it is anticipated this order will be used primarily to commandeer personal property such as medical equipment and personal protective equipment (PPE) from businesses and institutions.

To read the full text of this Alert, please visit the firm website.

Florida Governor Issues Stay-at-Home Order—But Only for Southeast Florida

On March 30, 2020, the Office of the Governor of the State of Florida issued Executive Order 20-89, the most recent step taken by Governor Ron DeSantis to deal with the spread of COVID-19 throughout Florida. The order essentially directs the counties comprising South Florida (and neighboring Monroe County) to restrict public access to nonessential businesses and facilities until at least April 15, 2020. While other states adopting “stay-at-home” orders have done so on a statewide basis, this order is limited to four counties in southeast Florida. Despite calls for the governor of the country’s third-most populous state to implement the restrictions across the state, he has not done so—yet.

To read the full text of this Duane Morris Alert, please visit the firm website.