New York Governor Cuomo Suggests Business Reopening Could Occur As Early As May 15, 2020May 4, 2020
Reopening. New York will reopen businesses under a phased, regional reopening process. Gov. Cuomo said that “May 15 is a possible reopening” start date, which is when the New York State on PAUSE executive order is currently set to expire. Assuming the New York State on PAUSE executive order is not extended, New York reopening decisions will consider COVID-19-related statistics that target four key metrics: (i) the number of new infections; (ii) healthcare system capacity; (iii) diagnostic testing capacity; and (iv) contact tracing capacity. These key metrics—and consequently, reopening decisions—will be analyzed for each New York region. The gating metrics for a region to reopen and stay open are below.
- Number of New Infections. Regions must report:
- 14 days of continuous decline in total COVID-19 hospitalizations and deaths on a 3-day rolling average. For regions with “few” COVID-19 cases currently, the region cannot exceed 15 new COVID-19 cases or 5 new COVID-19 deaths on a 3-day rolling average.
- Fewer than 2 new COVID-19 patients admitted per 100,000 residents per day.
- Healthcare Capacity. Regions must have:
- At least 30% of total hospital and ICU beds available.
- For every hospital, at least 90 days of personal protective equipment stockpiled.
- Diagnostic Testing Capacity. Regions must:
- Conduct 30 COVID-19 tests for every 1,000 residents per month.
- Contact Tracing Capacity. Regions must:
- Have at least 30 contact tracers for every 100,000 residents.
- Phase 1. Phase 1 will include construction, manufacturing, and select retail businesses that can accommodate curbside pickup.
- Phase 2. Phase 2 will include professional services, finance and insurance, retail, administrative support, and real estate/rental leasing businesses.
- Phase 3. Phase 3 will include restaurants, food services, and hotels and accommodation businesses.
- Phase 4. Phase 4 will include arts, entertainment, recreation and education.
- Adjusting workplace hours and shift design;
- Social distancing;
- Reducing non-essential travel;
- Requiring masks if in frequent contact with others;
- Implementing strict cleaning and sanitation standards;
- Conducting continuous health screenings to allow employees to enter the workplace;
- Conducting continuous tracing, tracking and reporting of COVID-19 cases; and
- Taking steps to reduce liability.
- Western New York (including Buffalo);
- Capital District (including Albany);
- Mid-Hudson (including Westchester);
- Long Island; and
- New York City.
The Coronavirus situation is fluid, and laws are changing rapidly. Our recent memoranda and other information discussing various aspects of Coronavirus can be found here.