Appropriation Of Medical Equipment Under New York State Executive Order 202.14

By Jessica Woodrow, Esq.
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As the COVID-19 pandemic persists and New Yorkers continue to abide by mandatory social distancing measures, many healthcare facilities across the state face severe shortages of essential medical equipment including ventilators and personal protective equipment. In response to the ongoing emergency, on April 7, 2020 Governor Andrew Cuomo signed Executive Order 202.14 related to the appropriation of essential medical equipment by the New York State Department of Health.

Under Gov. Cuomo’s Executive Order 202.14, the state may take and redeploy ventilators from locations where they are not being used to contribute to the coronavirus relief effort. Under the Order, “[a]ny medical equipment (personal protective equipment (PPE), ventilators, respirators, bi-pap, anesthesia, or other necessary equipment or supplies as determined by the Commissioner of Health) […] held in inventory by any entity in the state […] shall be reported to DOH.  DOH may shift any such items not currently needed […], to be transferred to a facility in urgent need of such inventory […] and distribute them where there is an immediate need. The DOH shall either return the inventory […] and/or […] ensure compensation is paid[.]”

Any institution, office, or person in possession of such equipment is instructed to fill out a form indicating the year, make, and model of the equipment and will be contacted to arrange pick up of such devices if they are needed.

If you are a healthcare provider with questions regarding evolving emergency practice concerns, please contact David Zarett or Jessica Woodrow at 516-627-7000 or by email to DZarett@app-60705ed4c1ac183264fb7857.closte.com or JWoodrow@app-60705ed4c1ac183264fb7857.closte.com

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