Nursing Home Executive Order on Hospital Discharges and Testing Extended and Modified

June 10, 2020

New York Governor Andrew Cuomo has issued Executive Order (EO) 202.40, which extends the mandate in EO 202.30 to test nursing home and adult care facility personnel twice-weekly and prohibits hospitals from discharging patients to nursing homes “without first performing a diagnostic test for COVID-19 and obtaining a negative result.” EO 202.40 is in effect until July 9; please see ML-80 for more information on requirements of 202.30 that were extended.

EO 202.40 also amends the testing mandate for nursing home and adult care facilities in regions that have entered Phase Two of reopening—these facilities may shift to testing personnel once a week.

According to a statement issued by New York State Department of Health Commissioner Howard Zucker, MD, the twice-weekly testing efforts in effect since May 10 have enabled New York State to successfully track and reduce the spread of COVID-19 in nursing home and adult care facilities, resulting in a steady decline in incidence of new cases in these facilities for the past three weeks.