Coronavirus Regulations: A State-By-State Week In Review

By Jeannie O'Sullivan
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Law360 (April 21, 2020, 4:57 PM EDT) -- Glimmerings of cautious optimism illuminated the COVID-19 pandemic this week as governments throughout the nation weighed calls to reopen the shuttered economy and galvanized mind power — including that of a former presidential hopeful — to explore the possibility.

California and Florida joined the ranks of states that formed task forces or councils to strategically revive their business landscapes, while New Jersey, New York and Connecticut aligned their laws to allow limited use of marinas. Other states continued to bolster the workforce with relaxed licensure rules for critical workers and unemployment compensation enhancements for those out of a job.

The alarming spread of the coronavirus through nursing homes led to new protections for that sector, including a $130 million Medicaid boost in Massachusetts and new rules for long-term care facilities in Delaware. The pandemic has also sparked concern about its impact on the homeless and minorities, prompting actions in Massachusetts and Pennsylvania.

Click for state-by-state data on COVID-19 legislation and executive orders, powered by Lexis Nexis.


Here's a breakdown of some COVID-19-related state measures from the past week.

California

Billionaire philanthropist and onetime Democratic presidential hopeful Tom Steyer joined the state's Task Force on Business and Jobs Recovery, according to an April 17 announcement by Gov. Gavin Newsom. Steyer and Newsom's Chief of Staff Ann O'Leary will serve as task force co-chairs. Steyer will receive no compensation for his service, according to Newsom.

In a sweeping April 16 executive order, Newsom relaxed admissions requirements for the California State University system; ordered that federal stimulus checks flow directly to custodial parents owed back child support; and allowed commercially licensed food trucks to temporarily operate in roadside rest areas to ensure essential infrastructure workers have access to food.

In another April 16 executive order, Newsom authorized two weeks of paid sick leave for employees of large food industry businesses to fill the gap in federal aid that provided leave benefits for employers with fewer than 500 workers.

On April 15, the governor announced that the state's Employment Development Department will launch a new call center that will operate 12 hours a day and will also start a "one-stop shop" for unemployment insurance applicants starting April 28. Newsom also said the Unemployment Insurance Branch will get additional staff.

Delaware

In effort to prevent the spread of the coronavirus throughout nursing and other long-term care facilities, Gov. John Carney on April 15 ordered those facilities to establish a cohort of staff dedicated to caring for coronavirus patients. The facilities must designate rooms, units or floors for newly admitted and readmitted residents to be quarantined for 14 days, and for those known or suspected to have the coronavirus, among other requirements.

Florida

In a first step to strategically lift the business shutdowns, Gov. Ron DeSantis hosted a conference call Monday with members of the Re-Open Florida Task Force Executive Committee.

Illinois

Gov. J.B. Pritzker on Monday announced that required coursework for insurance producer and public adjuster licenses may be completed online, and that the 90-day limitation on temporary insurance producer licenses is suspended for the duration of the global health crisis. The governor also extended the expiration dates for industrial radiography certifications and industrial radiography trainee certifications.

As of April 17, the requirement that state facilities must donate unclaimed cadavers to medical science institutions was waived for cadavers testing positive for COVID-19.

Pritzker suspended the garnishment of wages for consumer debts on April 14 , although the suspension doesn't apply to domestic support obligations and does not relieve the debtor of any liability.

Massachusetts

Gov. Charlie Baker on April 17 announced the establishment of isolation and recovery sites for homeless individuals who tested positive for the coronavirus, as well as an additional $100 monthly payment to foster families for each foster child in the household and the creation of emergency child care sites.

On April 15, the Baker administration said long-term care facilities would be receiving a $130 million boost from MassHealth, the state's Medicaid program.

New Jersey

Gov. Phil Murphy on Monday announced a partnership with United Airlines and Delta Airlines and the New Jersey Department of Health to offer free round-trip flights to health care workers coming to New Jersey to advance the state's fight against the coronavirus.

In an initiative officials described as a first in the nation, Murphy and Attorney General Gurbir S. Grewal on April 17 said physicians who are licensed in another country but living in the United States can apply for a temporary emergency license to practice medicine in New Jersey.

On April 16, Murphy said the New Jersey Housing and Mortgage Finance Agency voted to suspend rent increases at eligible rental units the agency oversees throughout the state.

New York

Gov. Andrew Cuomo on Saturday and Sunday issued directives allowing marriage officiants to perform marriage ceremonies via video through May 19 and to waive the 60 days required to obtain a marriage license for the duration of the public health crisis. Those unable to marry under the time frame of a current marriage license won't have to pay fees to obtain a second marriage license.

Pennsylvania

Gov. Tom Wolf on Monday signed S.B. 841, a sweeping measure that requires the Pennsylvania Health Care Cost Containment Council to study the impact of the coronavirus on hospitals and health systems; permits local governments to conduct public meetings remotely; relaxes late fees and penalties for property taxes as long as they're paid by Dec. 31; authorizes school districts to renegotiate service provider contracts to ensure the payment of payroll and other fixed costs; and allows for remote document notarization. Wolf vetoed another Senate measure that would reopen certain businesses, stating that it was too early to do so, although the veto was "not an easy decision."

Also on Monday, Wolf announced that select Pennsylvania Liquor Control Board stores could start curbside pickup and that construction projects could resume statewide on May 8.

The Pennsylvania Department of Agriculture received $14.9 million from the U.S. Department of Agriculture for the Emergency Food Assistance Program that supplies the state's food banks, Wolf announced on April 18.

As of April 16, the state Department of Human Services began an emergency Supplemental Nutrition Assistance Program benefit issuance.

Pennsylvania Health Secretary Rachel Levine on April 15 ordered essential businesses to provide face masks to employees and require that they be worn at all times except for eating and drinking breaks. In other workplace social distancing protocol guidance, Levine said businesses should stagger work start and stop times, provide sufficient space for breaks and meals, conduct meetings and training virtually, prohibit nonessential visitors and ensure employees are informed of the procedures, either orally or in writing, in their native or preferred language.

In other measures on April 15, the Wolf administration unveiled the COVID-19 Response Task Force for Health Disparity to study how the pandemic is affecting minority and vulnerable populations in Pennsylvania, and offered taxpayers the option to pause current payment plans and take advantage of flexible options for new payment plans.

Texas

Gov. Greg Abbott on April 17 unveiled the Governor's Strike Force to Open Texas with the goal of "safely and strategically restarting and revitalizing all aspects of the Lone Star State — work, school, entertainment, and culture." Its members will study and make recommendations based on collaborations with state leaders, regulatory agencies, governments and private-sector professionals.

On the same day, Abbott issued a "strategic reopening order" that nonessential retailers may begin offering pickup, mail delivery or doorstep delivery services as of this Friday as long as the services comply with coronavirus health guidelines.

As of April 21, the ban on elective medical surgeries and procedures no longer applies to those that would not deplete a medical facility of personal protective equipment, or to surgeries and procedures in facilities that certify in writing that they will reserve at least 25% of their hospital capacity for the treatment of coronavirus patients and won't request any personal protective equipment from a public source.

--Editing by Bruce Goldman.

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