(UPDATE) Governor Murphy issued Executive Order 109
Governor Murphy issued Executive Order 109 (EO 109) last week, in furtherance of the previously issued executive orders and precautions taken in response to the Covid-19 emergency. The order limits use of hospitals and other medical equipment, obligates businesses in possession of unneeded PPE and equipment to submit their inventory to the State, and allows for changes in medical practice and licensing as necessary in order to preserve as much of the State’s capacity as possible to combat the Virus in New Jersey. In addition to giving the Commissioner of the Department of Health greater authority to bind New Jersians under its guidance to combat this health crisis, the order, which is enforceable under the penalties of New Jersey State Law, directs the following:
- All elective Medical or Dental surgeries are suspended as of 3/27/2020. Patients who had elective procedures scheduled after that date were to be immediately notified their procedures are cancelled or postponed. This does not include any reproductive healthcare (i.e. abortions), all reproductive or emergent healthcare is to continue as scheduled;
- Any providers who do plan surgeries which may require post hospital care must coordinate with hospitals to avoid overtaxing them as they deal with sick Covid-19 positive patients;
- Hospitals and surgery centers must develop written guidelines consistent with EO 109, which include a consultation process with treating physicians for designating elective surgeries, and provide the same to DOH;
- The Commissioner of DOH has been given authority to give binding guidance on EO 109, in consultation with the director of consumer affairs; additionally, the Director of Consumer Affairs has been given authority to restrict or relax the practice or licensing for any category in healthcare, without being subject to requirements of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.
- All business in possession of PPE, ventilators, respirators, or anesthesia machines they do not require for critical health care services must take an inventory of the same and submit that inventory to the state in accordance with the process devised by the office of Emergency Management
The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based upon particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.
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