Executive Order 202.14 – April 7, 2020

Executive Order 202.14 – April 7, 2020

The Governor has issued Executive Order 202.14, which can be found here.

The Executive Order:

  • Extends all previous executive orders under Executive Order 202 until May 7, 2020, except as limited below.
  • Extends the cancellation of all non-essential public and private gatherings, school closures, and all in-person business restrictions and workplace restrictions which will be effective until 11:59 p.m. on April 29, 2020, unless later extended by a future Executive Order,
  • Gives the Department of Health the power to move medical equipment and supplies from entities under Department of Health regulation to areas of immediate need; such equipment and supplies will either be returned or the entities will be monetarily compensated,
  • Increases the fine of any violation of by an individual who is participating in any gathering which violates the terms of the orders or is failing to abide by social distancing restrictions in effect in any place which is not their home,
  • Establishes practices relating to real estate transactions to be performed utilizing audio-video technology, and
  • Expands the powers of the Superintendent of Financial Services in relation to the following areas;
  • Superintendent of Financial Services shall have the authority to promulgate an emergency regulation, subject to consideration by the Superintendent of Financial Services of the liquidity and solvency of the applicable insurer, corporation subject to Article 43 of the Insurance Law, health maintenance organization certified pursuant to Article 44 of the Public Health Law, or student health plan certified pursuant to Insurance Law § 1124
  • Regulations regarding: (1) the waiver of late fees; and (2) the prohibition on reporting negative data to credit bureaus
  • For the purposes of Estates Powers and Trusts Law (EPTL)  3-2.1(a)(2), EPTL 3-2.1(a)(4), Public Health Law 2981(2)(a), Public Health Law 4201(3), Article 9 of the Real Property Law, General Obligations Law 5-1514(9)(b), and EPTL 7-1.17, the act of witnessing that is required under the aforementioned New York State laws is authorized to be performed utilizing audio-video technology.

The Executive Order suspends or modifies a number of statutes including:

  • Section 6524 of the Education Law, section 60.7 of title 8 of NYRR and section paragraph (1) of subdivision (g) 405.4 of title 10 of the NYCRR
  • Subdivisions one, two, four, five, eight and nine of Section 1726 of the Surrogate’s Court Procedure Act
  • Sections 3216(d)(1)(C) and 4306(g) of the Insurance Law, subject to consideration by the Superintendent of Financial Services of the liquidity and solvency of the applicable insurer, corporation subject to Article 43 of the Insurance Law, or health maintenance organization certified pursuant to Article 44 of the Public Health Law, to:
  • Extend the period for the payment of premiums to the later of the expiration of the applicable contractual grace period and 11:59 p.m. on June 1, 2020, for any comprehensive health insurance policyholder or contract holder under an individual policy or contract, as those terms are used in such sections, who is facing a financial hardship as a result of the COVID-19 pandemic
  • Require that the applicable insurer, corporation subject to Article 43 of the Insurance Law, or health maintenance organization certified pursuant to Article 44 of the Public Health Law shall be responsible for the payment of claims during such period and shall not retroactively terminate the insurance policy or contract for non-payment of premium during such period
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