Healthcare Law Alert: Health Care Related Waivers Scheduled to Expire in Accordance with Governor Cuomo’s Executive Orders 202, 202.5 and 202.44

The health care related waivers set forth in Governor Cuomo’s Executive Orders 202, 202.5 and 202.44, among others, are set to expire on November 3 or November 13. See Executive Order No. 202.67 and Executive Order No. 202.69.  While there is still time for an extension, as of Friday, October 30, 2020, no extensions have been issued.

We recommend you visit the New York State Education Department website, which contains an excellent summary of the health provider related Executive Orders and their current expiration dates. (

Some highlights of the waivers set to expire on November 3 are:

  • Use of out-of-state licensed physicians, nurses (RNs, LPNs, NPS) and physician assistants;
  • Use of recent physician and nursing graduates; and
  • Use of providers credentialed at other facilities.

Some highlights of waivers set to expire on November 13 are:

  • Authorization of physicians and certified nurse practitioners to issue non-patient specific
    orders to collect nasal or throat swabs for COVID-19 testing purposes; and
  • Authorization of physicians to order COVID-19 tests for self-collection without a physician patient relationship.

Due to the continued need for COVID testing, these COVID-19 waivers may be extended again.

If you had to utilize any of the waivers under EO 202, including EO 202.5 or EO 202.44, you should confirm, before November 3, 2020, the specific expiration date for each waiver utilized.

Please visit our Healthcare Law Practice Area to learn more about the legal services we can provide in this area. If you have any questions or would like more information on the issues discussed in this communication, please contact any member of our Healthcare Law practice.

This communication is for informational purposes and is not intended as legal advice.