Tuesday, March 31, 2020

No. 202.13: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency


No. 202.13

E X E C U T I V E  O R D E R

Continuing Temporary Suspension and Modification of Laws
Relating to the Disaster Emergency

WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and

WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to be continue;

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through April 28, 2020 the following:
  • Sections 16.03 and 16.05 of the Mental Hygiene Law and Part 619 of Title 14 of the NYCRR to the extent that they limit the provision of certain services to certified settings provided, however, that use of such settings shall require the approval of the commissioner of OPWDD;
  • Sections 16.33, 16.34, 31.35 and 19.20 of the Mental Hygiene law; sections 378-a, 424-a and 495 of the Social Services law; sections 550, 633.5, 633.24 and 805 of Title 14 of the NYCRR;  Article 3, sections 442.18, 447.2, 448.3, 449.4, 450.9, 451.6 of Title 18 of the NYCRR ; and sections 166-1.2, 180-1.5, 180-3.4, 182-1.5, 182-1.9, 182-1.11, 182-2.5,  182-2.9 and 6051.1 of Title 9 of the NYCRR, to the extent necessary to allow current employees of OPWDD or OPWDD approved providers, OCFS licensed or certified programs, OASAS certified, funded or authorized programs, OMH or OMH licensed, funded or approved programs who have previously undergone such background checks to be employed by a different OPWDD approved provider and/or OCFS licensed or certified program and/or OASAS certified, funded or authorized program and/or OMH licensed, funded or approved program without undergoing new background checks.   These provisions are also waived to the extent necessary to allow providers the discretion to permit already qualified individuals and who are not listed on the Staff Exclusion List to work unsupervised while an updated background check is completed;
  • Sections 3203 and 4510 of the Insurance Law are modified to extend the grace period for the payment of premiums and fees to 90 days for any life insurance policyholder or fraternal benefit society certificate holder, as those terms are used in such sections, facing a financial hardship as a result of the COVID-19 pandemic;  
  • Sections 3203, 3219, and 3220 of the Insurance Law are modified to provide a life insurance policyholder or annuity contract holder or a certificate holder, as those terms are used in such sections, under a group policy or contract with 90 days to exercise rights or benefits under the applicable life insurance policy or annuity contract for any policyholder or contract holder or certificate holder under the group policy or contract who is unable timely to exercise rights or benefits as a result of the COVID-19 pandemic;
  • Section 1116 and Articles 34, 53, 54, and 55 of the Insurance Law and Sections 54 and 226 of the Workers’ Compensation Law are modified to impose a moratorium on an insurer cancelling, non-renewing, or conditionally renewing any insurance policy issued to an individual or small business, or, in the case of a group insurance policy, insuring certificate holders that are individuals or small businesses, for a period of 60 days, for any policyholder, or in the case of a group insurance policy, group policyholder or certificate holder, facing financial hardship as a result of the COVID-19 pandemic.  The foregoing relief shall also apply to the kinds of insurance set forth in paragraphs (16), (17), (20), (21), (24), (26), and (30) of Section 1113(a) of the Insurance Law.  For purposes of this Executive Order, a small business shall mean any business that is resident in this State, is independently owned and operated, and employs one hundred or fewer individuals;
  • Section 576 of the Banking Law is modified to grant the Superintendent of Financial Services the authority to promulgate an emergency regulation to apply the provisions of the Executive Order relevant to policy cancellations, to premium finance agencies (as defined in Article XII-B of the Banking Law), subject to the safety and soundness considerations of the premium finance agencies;
  • Subdivisions three and four of section  42  of the Public Officer’s Law to the extent that it requires that a proclamation be separately issued by the Governor for an election to fill a vacancy; and
  • Subdivision (i) of section 414 of the Education Law to the extent necessary to allow the school districts to pay for the cost of such child care services.
IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of this Executive Order through April 28, 2020:
  • All instruments that are signed and delivered to the superintendent under the New York Banking Law (the “Banking Law”), and are required to be verified or acknowledged under the Banking Law, may be verified or acknowledged by including standard verification or acknowledgement language in the instrument and transmitting a legible copy of the signed instrument by fax or electronic means.
  • The special election in the City of New York to fill the vacancy in the Office of Borough President of Queens is rescheduled for June 23, 2020. Only candidates who were eligible to appear on the ballot for the March 24, 2020 special election shall appear on the ballot for the June 23, 2020 special election.
  • Any special election which was previously scheduled to occur on April 28, 2020 and rescheduled for June 23, 2020 by virtue of Executive Order 202.12 shall only contain the names of those individuals who had previously been qualified to appear on the ballot on April 28, 2020.
  • Circulation, filing, and collection of any designating petitions, or independent nominating petitions for any office that would otherwise be circulated or filed pursuant to the Election Law, Education Law or any other consolidated law for any office commencing March 31, 2020 are hereby postponed.
  • Any school board, library board, or village election scheduled to take place in April or May of 2020 is hereby postponed until at least June 1, 2020, and subject to further directive as to the timing, location or manner of voting for such elections.
  • Any worker who is employed by the state of New York, shall, if deemed non-essential by their agency shall work from home or shall be able to stay home without charging their accruals until April 16, 2020.
  • Executive Order 202.6 is hereby modified to clarify that construction which was an essential service not subject to the in-person work restrictions is modified to provide only certain construction is considered exempt from the in-person restrictions as of March 28, 2020.  Further, on and after March 27, 2020, Empire State Development Corporation is hereby authorized to determine which construction projects shall be essential and thereby exempt from the in-person workforce prohibition, contained in EO 202.6 and subsequent Executive Orders which further reduced the workforce requirements. All continuing construction projects shall utilize best practices to avoid transmission of COVID-19.
  • By virtue of Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11 which closed or otherwise restricted public or private businesses or places of public accommodation, all such Executive Orders shall be continued, provided that the expiration dates of such Executive Orders shall be aligned, such that all in-person business restrictions will be effective until 11:59 p.m. on April 15, 2020, unless later extended by future Executive Orders.
  • The directive of Executive Order 202.12 requiring a support person for a patient giving birth is modified insofar as to cover labor, delivery as well as the immediate postpartum period.

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this twenty-ninth day of March in the year two thousand twenty.

BY THE GOVERNOR         

Secretary to the Governor

Governor Cuomo Receives Briefing upon Arrival of the USNS Comfort in New York City


  Okay, well there she is. I want to thank Rear Admiral Mustin who is here. I want to thank the United States Navy. They really acted expeditiously in bringing this ship here. I want to thank the Army that is going to help staff the ship. I want to thank the President of the United States, President Trump, who mobilized this effort and he did with all rapid speed. 

This will be 1,000 beds for New York hospitals. It won't treat COVID-19 patients but it will be a relief valve for hospitals that are struggling now, that are over capacity all across the City. So, the 1,000 beds will come in very handy. These 1,000 beds will be complemented with 2,500 beds that we are doing in the Javits Center. I know the field hospitals that were assembled by the U.S Army. Again, those won't be for COVID-19 patients but they will be for a relief valve for the hospitals. So, we are doing this ship - 1,000 beds. Javits - 2,500 beds. About 3,500 beds to relieve the stress that our hospital system is facing.

That is going to be welcome news and I want to thank all of the people that worked so hard to do this. This is a major enterprise. The Javits Center, what is going on there is truly extraordinary. Everybody is working together to get that facility up and running. It has been transformed in just a week. And it really is a great, great partnership and frankly it's inspiring to see everyone working together for one cause.

We're speaking with a number of my colleagues, governors all across the nation, Democrats and Republicans, have sent the same message to all of you. What you see happening in New York is not unique. Yes, we're more dense. Yes, we're bigger than most places. But, this virus spreads among Americans. This virus does not discriminate. It doesn't discriminate by age. It doesn't discriminate by party. It affects all Americans, and what you're seeing in New York is going to spread across this country. 

New York is just the canary in the coal mine. And I've said to them, prepare soon, prepare early, get your preparations in place. I don't think that any American is immune from this virus. Because no American is immune from this virus. And if there's ever a time that we need to work together it is today. The President's right. This is a war. And what does this nation do when it's at war? It comes together. And it acts as one. And that's what we need to do today. New Yorkers, thank this nation for the help they're giving New Yorkers today, and we will reciprocate the favor. And what we're learning here, and the training that's going on here, is going to benefit the places all across this nation in the coming weeks and the coming months.

But again, thank you. Thank you to the Army, thank you to the Navy, thank you to the Coast Guard, and all of the people who were a part of this great operation. Thank you.

MAYOR DE BLASIO WELCOMES USNS COMFORT TO NEW YORK CITY


  Mayor Bill de Blasio: So, this morning we all watched something absolutely extraordinary, absolutely inspiring as the USNS Comfort entered New York Harbor, coming here to as save the lives of New Yorkers in our hour of need. We've all been through a lot these last few weeks and we needed this boost, we needed this hope that's being created by our brothers and sisters in the US Navy and the Marine Corps, everyone who is here to help us at this crucial moment. This ship arriving is not just an example of help arriving in a physical form. It's not just about the beds and the doctors and the equipment, it's also about hope, it's also about boosting the morale of New Yorkers who are going through so much. It's about saying to our heroes in those hospitals that help has come. That relief is on the way. I can't tell you how much this means, it is so much more than even we realize at this moment that our nation has heard our plea for help here in New York City and there could not be a better example of all of America pulling for New York City than the arrival of the USNS Comfort, some major, major moment in this long battle that we will be fighting against the coronavirus.

I think there've been times in recent days where a lot of New Yorkers have felt alone. A lot of New Yorkers have felt a sense of not being sure of what's coming next, not being sure of help would come. Well, I want to say to all New Yorkers, we have evidence here you are not alone. We are not alone. Our nation is helping us in our hour of need. There's a lot of people to thank and you're going to hear from two of our real heroes here from the federal government who are doing so much for us. You're going to hear from Rear Admiral John Mustin in a moment and the Regional Administrator for FEMA, Tom Von Essen, who's well known to all of us in New York City. But I want to thank everyone who was a part of this many, many people work together. And look, we’ve got to remember, this is a wartime atmosphere, we all have to pull together. We may have differences in peacetime, but to the maximum extent possible, we all have to be as one in wartime. I know our colleagues in the military understand that. We all need to understand that now. So, I do want to thank President Trump. I want to thank Secretary Esper. I want to thank Chairman Millie, everyone at the United States Navy, the United States Marine Corps, the United States Coast Guard, all the people at FEMA, so many people at the federal government who came together to make this happen and so much more for New York City. I want to thank Governor Cuomo, and everyone in the State government, who has joined us in pushing from day one for this kind of support. I want to thank from our administration, everyone to work to get the dredging done, working with the military. I want everyone to understand – and Admiral Mustin will affirm this – this ship is here ahead of schedule because the amazing work of the military, it's here ahead of schedule because the dredging was done faster than anyone knew it could be done to allow this ship to dock. I want to thank everyone at the City Economic Development Corporation, our Emergency Management Team, and also, of course, the State Department, Environmental Conservation, and the Army Corps of Engineers. Everyone pulled together. This was supposed to take two weeks to make it possible for this ship to dock. They did it in eight days and that means help has arrived quicker and we're going to be able to do the lifesaving work right now.  I want to also thank from the military, one of the leaders who did the work to make this moment possible – Marine Corps Colonel Brian [inaudible] who's with us. Thank you, Colonel. And from my team, Deputy Mayor Raul Perea-Henze, for Health and Human Services, and Commissioner James Hendon, Department of Veteran Services. Colonel James Hendon, thank you.

So, with this ship comes an extraordinary compliment of talented individuals in service to our nation, 1,200 medical staff and sailors here to help us all. 750 beds will be put into play immediately to relieve the pressure on a hospital system. Let me be clear that this is such a crucial part of the plan we are putting in place, but I want you to understand the sheer magnitude of the plan. We need to triple our hospital bed capacity in New York City by May. The number of beds we had at the beginning of March have to triple by May – it’s a daunting task, but we got a big, big boost. The arrival of the Comfort – this is like adding a whole other hospital to New York City. It's like, think of all the big hospitals in New York City – Bellevue and all the other famous hospitals we think of – it's like another one of them just floated right up to help us right now.

And I hope New Yorkers know that this is something we've been fighting for, and we're going to be fighting for a lot more help, because there's just the beginning. My job is always to tell you the truth and I'll tell you when we get the help we need and I'll tell you when we need more help. I'll tell you when we're getting into the thick of the battle and I'll tell you when we're coming out of the battle. Right now, the toughest weeks are still ahead, but we are grateful. We are grateful for every doctor, for every nurse, for every ventilator, for the supplies, for the beds, for everything that's come from the Comfort and everything that has come from all over the country. I have to tell you, it's the federal governments, it’s the State government, of course, but it's also the companies that come forward offering help people we've never met, individuals who come forward with supplies, health care workers who have volunteered, it's the United Nations, which came up with a quarter-million surgical masks and got them to us right away. We're seeing amazing offers of help and people are moving fast to get help to New York City and we appreciate it. We need it.

So, let's look forward. Let's pray. There's going to be a lot more days like this when people can see our nation stand by us. And then, I affirmed to you, when the battle is done here, New York City will stand firm for the rest of our nation. New York City will be the first to donate to the rest of our nation. We will send the ventilators, the supplies. We will ask our doctors and nurses to go to the front, wherever it is in this nation, because our country was there for us and we will be there for our country.

AG James' Statement on Firing of Amazon Worker Who Organized Walkout


  New York Attorney General Letitia James tonight released the following statement in response to news that Amazon employee Chris Smalls was terminated today after he organized a walkout to protest health conditions at his workplace, amidst the coronavirus disease 2019 (COVID-19) outbreak:

“It is disgraceful that Amazon would terminate an employee who bravely stood up to protect himself and his colleagues. At the height of a global pandemic, Chris Smalls and his colleagues publicly protested the lack of precautions that Amazon was taking to protect them from COVID-19. Today, Chris Smalls was fired. In New York, the right to organize is codified into law, and any retaliatory action by management related thereto is strictly prohibited. At a time when so many New Yorkers are struggling and are deeply concerned about their safety, this action was also immoral and inhumane. The Office of the Attorney General is considering all legal options, and I am calling on the National Labor Relations Board to investigate this incident.”
Employees that believe their employers are in violation of either existing labor laws or recently issued New York State executive orders should contact the Office of the Attorney General by emailing Labor.Bureau@ag.ny.gov or calling (212) 416-8700 to file a complaint.

Statement from New York City Comptroller Scott M. Stringer on Public Hospital Review


  “The nurses and doctors who are helping NYC to get through the COVID-19 pandemic are true heroes who deserve our utmost gratitude and respect. But the reported conditions in our public hospitals during this unprecedented public health crisis are alarming, and my office is committed to working with the Governor and the Mayor to find answers.

“Our public health system serves families and residents that already face significant barriers to quality health ​care, and our frontline workers can’t take care of us if we fail to protect them.
“We must ensure that our public hospitals have the funding, protections, resources and support they need, properly managed and coordinated, to protect New Yorkers during these uncertain times – and I am ready to do everything in my power to help.”​

Sunday, March 29, 2020

Governor Cuomo Announces NYS On Pause Functions Extended for the Next Two Weeks


  Earlier today, Governor Andrew M. Cuomo announced all NYS On Pause functions will be extended for the next two weeks. The Governor also directed the state nonessential workforce to continue to work from home for an additional two weeks through April 15th. The state will re-evaluate after this additional two-week period.


In-person workforce restrictions, which have been implemented through various Executive Orders —202.3 (restaurants and bars, gyms, fitness centers, movie theaters and casinos); 202.4 (local government workforces, school districts; village elections); 202.5 (malls, public amusement facilities); 202.6 (all non-essential reduce 50%); 202.7 (barber shops, salons, other personal care); 202.8 (DMV); 202.10 (non-essential gatherings of any size); 202.11 (extension of school district closure until April 15, 2020) — are also extended until April 15, 2020 to enable uniform extension and review of such restrictions, and any such restrictions may be extended by future executive orders.


Governor Cuomo also announced that New York State's Wadsworth Lab has developed a new, less intrusive test for COVID-19. The new test is done through a saliva sample and a self-administered short nasal swab in the presence of a health care professional. Additionally, health care professionals can self-administer the test without another health care professional present. This new test will help conserve personal protective equipment, or PPE, for healthcare workers, reduce potential exposure of the virus to health care workers and will allow the state to continue to test as many individuals as possible in New York amid the national shortage of the more intrusive nasopharyngeal, or NP, swabs. Self-collection of nasal swabs has been done before for other respiratory viruses such as flu and it has been shown to be effective and safe, and collection of a saliva sample is simple and non-invasive. This new testing will begin within a week.


The Governor also issued an executive order to allow schools to host day care free of charge.



After speaking with the state's major pharmacy chains, the Governor announced that pharmacies have agreed to offer free home delivery to help reduce long lines for prescriptions at their facilities.


Thank you for being here. Let us go through some updates for today, so everyone knows where we are and what we're experiencing. As you can see the increase on the trajectory of cases continues to climb, 7,681. Couple of updates that I would like to make to the local health providers. We want to anticipate this situation. We talked yesterday about planning forward, getting ahead of it, that we have been behind on this virus from day one. And rather than be reactive, be proactive, get ahead of it. Local health providers should be watching what is going on in different parts of the state and anticipating what's going to happen.
This is going to be a phenomenon of a rolling apex. We keep talking about the apex, the top of the curve. But the top of the curve will occur at different times in different places, right? The curve is a function of the rate of spread, the rate of density and when it started. So you'll see different curves, you see it all across the country. Started in Washington, State of Washington. Now you see New York, you see Chicago, you see New Orleans, you see parts of California. So that rolling apex is happening across the country. That rolling apex is also going to happen across the state of New York. The current projections all say New York City will face the first high water mark, if you will, high tide mark, the height of the curve, but then you'll see Westchester, you'll see Long Island, on a delay with their curve hitting a new height. Model projectors are not sure if it's Westchester first or Long Island first. Some suggest it's Westchester because we had that cluster in Westchester, if you remember, in New Rochelle. And then Upstate New York. We expect a curve in Upstate New York, also. It may not be as high, obviously, as New York City, Westchester, long island, but there will be a curve. So, if you are not in a highly affected health area now, that doesn't mean you're not going to have a real situation to deal with because these numbers are just going to continue to go up all across the state.

So for local health systems this is a new challenge. Most health systems have public hospitals and then they have private hospitals or volunteer, voluntary hospitals. And they basically exist on a day-to-day basis as two different systems. So you'll have public hospitals and then you have the private hospital system. And for all intents and purposes, in normal operating procedures, they operate as two systems, there's very little interaction. There's also very little interaction among individual hospitals, sometimes even within their own system. So you have public hospitals that are a part of a public hospital system, but each hospital basically operates on its own, right? Has its own identity. Certainly true on the private side where you have individual hospitals and they operate on their own. We have to change that mentality, and we have to change that mentality quickly. No hospital is an island. No hospital in this situation can exist unto themselves. We really have to have a new mentality, a new culture, of hospitals working with one another, both within the public system as well as the private system, and we need to think about the public system working with the private system in a way they never have before. There is an artificial wall almost between those two systems right now. That wall has to come down. That theory has to come down. This is going to be all hands on deck. This is everybody helping everyone else. One hospital gets overwhelmed. The other hospitals have to flex to help that hospital and vice versa.

We have Elmhurst Hospital for example in New York City that is under stress. The number of cases in that Elmhurst Hospital is high. When the number of cases is high, the stress on the staff is high. I was just speaking with Dr. Zucker about this. You do this for two, three, four weeks, the level of stress is very intense. Elmhurst Hospital is part of a public health system of about 11 hospitals in New York City. That system has to work together and those hospitals have to work together. The 11 health and hospitals in New York City, the public system. I'm going to ask Mayor de Blasio and Comptroller Stringer to take a look at the system and figure out how we can get that system to work better together as a unified system. This is not going to get better soon. Right? So Elmhurst is under stress now. That stress does not abate for the foreseeable short-term future. So how do we make that system work better together and what recommendations do we have to improve H&H? We'll also be meeting with the private hospitals in New York City that are organized through something called the Greater New York Hospital Association. I'm going to be meeting with them tomorrow to talk about having those hospitals also organize, act as one, get out of their silos, get out of their identities, to work together.

Overall, we have local health systems the states roll which we've never really done before is getting those health systems to work with one another. So we talked about if New York City gets overwhelmed we'll ask the upstate systems to be a relief valve for the downstate health systems, which has never happened before to any scale and also vice versa. There will be a time where the upstate hospitals will be struggling and when the upstate hospitals will be struggling then we want the down state hospitals to be able to takeover and relief those hospitals.
That's actually the advantage of the rolling curve that they're projecting. If it does happen that way, theoretically, I almost think of it as a high tide mark, right? High tide comes first in New York City. Then the tide is on the way down and then it's high tide in upstate New York. So if the tide is dropping downstate then you have some relief for the upstate hospitals.

We put in place the New York Pause program. Today I am going to extend it to April 15, the directive that non-essential work force continue to work at home. We're doing it in two-week intervals because every day is a new day and we'll see what happens day to day, but I think it's not even questionabe today that we're going to need two more weeks of non-essential workers.

Good news, Wadsworth, the New York Department State of Health, has developed a less intrusive saliva and short nasal swab test. I'm not sure what a short nasal swab test is but my guess is it wouldn't apply to me. It can be administered in the presence of health care workers. It requires less PPE, health care workers can self-administer it, kudos to the Department of Health on that. It also helps them limit exposure for health care workers and it should start as soon as next week.

People ask when is this over? I think the testing, you tell me when they come up with an inexpensive home test or point of care test that can be brought to volume, I think that's probably when you see a real return to normalcy in the workforce.
In other words, we're all talking about this curve, flatten the curve - at what point on the other side of the curve do you go back to work? Jesse asked this question the other day. There is no answer. I think the answer is going to be in in testing. Dr. Fauci who I think is - we're so blessed to have him here at this time, he talks about faster, easier testing. If you can test millions of people, if you could test today millions of people, you could send them to work tomorrow, right? So the development of these tests, I think, are very important and instructive. Tomorrow the USNS Comfort coming. That is about 1,000 bed capacity. It's staffed by federal officials, federal medical professionals. It is not for COVID patients but it is to take the back fill from hospitals.

Current stockpile, we're still working to purchase equipment all across the globe. We have a whole team working seven days a week. Unfortunately, we're competing against every other state in the United States for the same things. So it's very hard but we're making progress. In terms of finding staff, that's going very well. The volunteerism of New Yorkers, God bless them, we're up to 76,000 health care workers who have volunteered. 76,000. 76,000 people who volunteer to go into these hospitals at this time. Just think about that.

On the total people tested, we did 16,000, last night, total of 172,000 tested, that's the highest in the country. Positive cases 7,000 last night, total cases 59,000. The virus continues its march across the state of New York. Only two counties now that don't have cases. These are the overall numbers, 59,000 people tested positive. 8,000 currently hospitalized, 2,000 ICU patients, 3,500 patients discharged. We know - nobody really points to these numbers but this is good news. 846 people came out of hospitals yesterday, discharged after being treated for COVID, right? So yes, people get it, 80 percent have either self-resolved or have some symptoms at home. 20 percent go into the hospital - majority of those get treated and leave. It's the acutely ill by in large who are the vulnerable population and that's what we're seeing more and more. The deaths went from 728 to 965. What's happening now is as I mentioned yesterday, people are on the ventilator longer and longer. The longer you are on a ventilator, the less your chance of ever getting off that ventilator and that's what we're seeing. And we will continue to see the number of deaths increase. In terms of most impacted states, again, New York is still number one. Total new hospitalizations, these are the charts we look at every night. The number is up 1,175. It was 847 the night before.

These bounce night to night. Any one night's data could have a number of variables in it. What hospitals actually reported, when they reported it, how accurate they were? So more you look for a trend line, more than anything else, and there are trend lines. If you look early on, the hospitalization rate was doubling every two days, then it doubled every three days, then it doubled every four days - now it's doubling every six days. So you have almost a dichotomy: The doubling rate is slowing, and that is good news but the number of cases are still going up. So you're still going up towards an apex, but the rate of the doubling is slowing, which is good news.

Change in daily ICU admissions, you see a pickup in the ICU admissions, but again, you look for the trend line among those columns more than the individual columns. Change in daily intubations, we don't normally run this chart but these are the people most seriously affected and again, you see a trend line in that. You see some aberrations, March 26th the 290, but you see a trend line. And the trend line is what we're watching. You also see a trend line in people being discharged and this is a dramatic trend line. So people came in, they started to come in only March 18, right - so we're only talking about ten days. They started to get treated. A few of them got out early. A few more, a few more, a few more. And now you're seeing the discharge number trend way up because that's what's going to happen. People are going to the hospital, they get treated, they leave. Those that are acutely ill get put on a ventilator and then it's the inverse dynamic. The longer the longer they are intubated, the longer they are on the ventilator, the higher the mortality rate.

Again, perspective, these are the numbers from day 1 since China started. Also, we should all keep in mind we lost the first responders who go out there. I was talking about the 76,000 people who volunteered to help - medical professionals - being a first responder today, being a public health official, working in a hospital, working with senior citizens. This is really an act of love and courage. We lost Detective Cedric Nelson, 48-years-old, 32nd, 23-year veteran. He could've retired. So we wish him and his family peace.

We lost a nurse, we've lost a couple of other nurses. Kious Kelly 48-years-old who was the assistant nurse manager at Mount Sinai West. We wish his family the best. These public people - I don't even have the words to express my admiration for them.

FDR always had words: "Courage is not the absence of fear, but rather the assessment that something else is more important than fear."
To me, that says it all today. Everyone is afraid. Everyone is afraid. You think these police officers are not afraid to leave their house? You think these nurses are not afraid to go into the hospital? They're afraid. But, something is more important than their fear. Which is their passion, their commitment for public service and helping others. It's public service. That's all it is. Their passion and belief in helping others. And that overcomes their fear and that makes them, in my book, just truly amazing, outstanding human beings. I wish them and their families all the best.

The President and the CDC ordered a travel advisory for people of New York, New Jersey and Connecticut. This happened last night. This is not a lockdown, it is a travel advisory to be implemented by the states. In essence, it's nothing that we haven't been doing. Non-essential people should stay at home. So it's totally consistent with everything we're doing and I support what the President did because it affirms what we've been doing. It also affirms what New Jersey and Connecticut have been doing.

Also for New Yorkers, I know we feel under attack. I had a lot of phone calls yesterday when the President first suggested some form of quarantine. "What does that mean, quarantine? Am I going to be allowed to leave the house? My parents who are supposed to be coming back, and this one's here and this one's here." I know we feel under attack. "The Rhode Island -- you can't drive into Rhode Island. We'll pull you over with the police." Yes, New York is the epicenter and these are different times, and many people are frightened. Some of the reactions you get from individuals, even from governments, are frightening and suggesting that they'll take abrupt actions against New York. But look, this is New York and we are going to make it through this. We have made it through far greater things. We are going to be okay. We specialize in stamina, and strength, and stability, and that's just what we're doing now. We are strong. We have endurance and we have stability. And we know what we're doing. We have a plan. We're executing the plan. Anything, any obstacle that we come across we will manage that obstacle, and we have. I can't sit here and say to anyone you're not going to see people pass away. You will. That is the nature of what we're dealing with, and that's beyond any of our control. But, New York is going to have what it needs and no one is going to attack New York unfairly and no one is going to deprive New York of what it needs. That's why I'm here, that's why we have a state full of very talented, professional people. So a deep breath on all of that. And we are doing exactly what we need to do. There is no state in the nation in the nation that is better prepared or better mobilized than what we're doing. I feel that deeply and having studied everything that every other state has done. Federal officials have even remarked to me that they're surprised how quickly a state as big and complicated as New York has actually mobilized. So, feel good about that.

There are two great New York expressions that I use all the time. Anything I build in New York always has two expressions on it. One, "excelsior." It says it all. Ever upwards. Ever upwards. Aspirational. We can be better, we will be better. We're going aim higher, we're going to improve ourselves. Excelsior. State motto, it's on the seal behind me. Excelsior. And the other, "e pluribus Unum," out of many, one. Unity, unity. You put those two things together, it says it all. Aim high, do better, believe you can do better, be optimistic, and the way you get there is through unity and togetherness and cooperation. Through mutuality and community. Those two expressions. I say to my daughters, if you remember nothing else when I'm gone, if you walk up to the box and have nothing else to remember, excelsior - you can be better, it will be better, we can make it better - e pluribus Unum - we make it better together. That's it and that's what we're doing.

MAYOR DE BLASIO ON COVID-19 - March 29, 2020


Mayor Bill de Blasio: Good afternoon, everyone. We've got a lot to go over here and we're all feeling very heavy hearts as we deal with such an extraordinary challenge and we think about the New Yorkers that we've lost and we think about what's ahead and I'm going to go over a number of things now that update you. Understanding the challenge but also understanding that New Yorkers will get through this together and it’s hard to explain that balance sometimes that we're dealing with something absolutely profoundly different than anything we've dealt with before, extraordinarily difficult and invisible and confusing, but we will get through this together. That is something that comes back to just the pure strength of this place and our people. But in the meantime, we will go through a really tough, tough journey and it all comes back to, as always, needing to work with the federal government in particular to get the help we need.

And I'll give you some updates starting there. There was confusion yesterday obviously when President Trump mentioned the concept of quarantine. I think a lot of us were confused, thought it was something that would be in so many ways counterproductive and obviously unfair to so many people. What ended up happening was a CDC travel advisory, something much different – not a lockdown, something much more consistent with what we've been actually saying and doing in the city and state already, which is telling people to stay home unless they have an essential reason to go somewhere. So, again, that threat of a quarantine turned into a very different CDC travel advisory working with the federal government, working with the governors of the tri state areas. Now, I spoke to the president this morning and in truth, I did not want to discuss with him the travel advisory that had been settled in a way that, again, I think we can live with.

What I wanted to talk to him about was ventilators. What I wanted to talk to him about was medical personnel and I went over with him again, the reality in New York City, the fact that we have until next Sunday, April 5th, to get the reinforcements we need, particularly when it comes to ventilators. In fact, I asked the federal administration to get us additional ventilators even earlier. My request to them is to get 400 more ventilators in by April 1st because we've seen such movement with this disease, we have to be ready for all eventualities. So, my hope is that we'll see some of the results we've seen previously in the last few days. And again, there's a lot we could talk about what the federal government has and hasn't done over the last two months, but in the last week we have seen some real support and I want to see it again with the 400 ventilators we'd like to get in immediately.

Then we have a lot more we're going to need by Sunday, April 5th and beyond. And certainly, the medical personnel, which I talked to the president about repeatedly and to the defense secretary and the chairman of the joint chiefs of staff. I think the best way for us to get a lot of that medical personnel is from the military. Everyone's been receptive. I'm waiting for specific results. But again, I will keep hoping that these very specific requests and very specific conversations will yield what New Yorkers need so that we can be safe. The fact is we remain the epicenter of this crisis nationally. A day will come when I will be able to no longer use that word and we all look forward to that word. But right now, we are the epicenter and the numbers are staggering. And again, they all represent real people, real families.

As of this morning, we were at 32,308 total cases, a stunning number. And we have lost, and this is so painful, 678 of our fellow New Yorkers. That means in the last 24 hours from this morning to Saturday morning, we lost 161 more people in this city. People of all walks of life, every kind of New Yorker. And it's so painful for everyone that we're going through this and we have to fight back with everything we've got. I want to tell you some of the stories because it's important to understand the lives of the people we've lost, and many of them were devoted to all of us and helping all of us in protecting and serving their fellow New Yorkers. And I have to say every loss, every death is painful. I feel a particular sense of loss when it's one of our public servants.
So, I want to name some of them and talk about them very briefly.

At Health + Hospitals – and Dr. Katz is here, I know he feels the same pain as we discuss the loss of some of his colleagues – we lost at Health + Hospitals, Freda Ocran. She was a psych educator at Jacobi, previously the head nurse of the psych unit, and a mom supporting her family, but also supporting her mom who lives in Africa. So, what a horrible loss for that family, that hospital, and our city. Another story of tremendous commitment to Theresa Lococo, a pediatric nurse at Kings County Hospital, serving families and children. Amazingly, she was in her 48th year of employment in our hospital system, protecting her fellow New Yorkers – 48 years, serving us, and she gave her life helping others.

We've heard of terrible losses from the MTA. Our colleagues at the MTA, we grieve with you and we're so sorry for what you're experiencing. Of course, we all heard the story of Garrett Goble, 36 years old only, had only been working at MTA for six years, out there helping to keep the city run in this crisis of fire on the train put his life in danger. And what did he do? He worked to get everyone else to safety first and then got off the train and passed away immediately after, leaves behind two young sons in his family. So sad. And someone who, again, was right there at the moment, his last moments of his life, protecting others, serving others, saving others. Also, from New York City Transit, Peter Petrassi, 21 years as a conductor. And a beautiful tribute to him was posted by his nephew, Dylan, calling him the most loving, enthusiastic man, always putting others before himself.

You see this really painful pattern here of people who just cared so much about others and we’re losing such good people. Also, Oliver Cyrus, a bus operator, 21 years at the MTA, based at the Manhattanville Bus Depot, a quiet and humble man, loved by his coworkers. We have lost to Oliver as well. And then you heard, painful loss at the NYPD. A man that worked at One Police Plaza, I mentioned yesterday – or Friday, I should say. We've now lost Detective Cedric Dixon, 23-year veteran of the NYPD, he worked in the 3-2 Precinct in Harlem. Not only a great detective, but someone that everyone who knew him knew would always be there to help other people. An electronics and tech genius who always could fix things for other people. A horrible loss for the NYPD and the city. And from the NYPD as well, Giacomina Barr-Brown, an administration assistant in the Bronx, 49 Precinct roll call office, seven years in the NYPD and the kind of person her colleagues said she lit up the room with her smile, also always there for other people. And the FDNY – we rely on the FDNY in so many ways they've lost James Villecco, auto mechanic. He's been with Fleet Services since 2014 and this is the kind of unsung hero who doesn't get the credit he deserves. This is the kind of man who keeps us safe because he kept the ambulances in good repair so they could get there to help all of us. We grieve with his family in Staten Island.

Finally, NYC & Company, they do such important work promoting New York City to the world and helping bring in all those tourists, all that investment that helps this city keep moving forward. NYC & Company has lost Hubert “Rally” Nurse. He was there for 30 years working to promote New York and share New York with the world. And now we've lost him and all of us, all of New York grieves with his family. These are examples – and it's just so painful to say that's just a small, small fraction of those we've lost. As I said, these are the people we've lost who are our colleagues in public service. And as you heard, every one of them, an amazing story of sacrifice and concern and love for their fellow New Yorker.

So, we see this crisis growing and for weeks and weeks we've been talking about getting ready for this and we have to get ready for even more. And it's not just the incredible toll this has taken on our health care system. As you've heard in recent days the number of cases is growing, it’s also having – putting a huge burden on our emergency system. I can't thank enough everyone at EMS, they're doing amazing work under the toughest circumstances. Our EMTs, our paramedics, all the officers, everyone who is doing such important work at EMS. We thank you and we feel for you because I know that the number of calls to 9-1-1 have been skyrocketing, it’s putting a huge, huge demand on EMS. Let's be clear, Commissioner Nigro will be available to speak to this later on in the question and answer. This is unprecedented.

We've never seen our EMS system get this many calls, ever. But what Commissioner Nigro is doing with his team and our Deputy Mayor for Operations, Laura Anglin, is we're making a series of very fast, intense moves to ensure that more personnel will be available for the EMS. We're going to shift personnel onto the work of EMS. We're going to come up with more ambulance shifts, additional vehicles, whatever it takes to keep serving New Yorkers who are in emergencies. We're also going to make sure that folks who don't have a pressing emergency, because we all know for years and years, folks have called 9-1-1 and most of those are true emergencies and some of them are not. Anyone who's calling and needs something else, doesn't need an ambulance but needs a different kind of help we're going to find a way to get that to them too so ambulances are never going to a place that they don't need to be. But what we have to do first and foremost is put on more personnel, more ambulances, more shifts. And we are doing that immediately so we can serve the true emergencies and there's a lot of them to make sure that New Yorkers get the help they need.

Obviously, there's been a lot of attention on the situation in our hospitals in general and in particular at Elmhurst Hospital in Queens. I'm just going to give you a few quick points. Dr. Mitch Katz, here with me, will talk about Elmhurst and Health + Hospitals more specifically. But look, the bottom line is the incredibly valiant team at Elmhurst has gone through so much in the last few weeks. That's an extraordinarily effective hospital. Real professionals who have found a way to keep saving so many lives while dealing with such pain at the same time and real loss. And you can imagine how hard it is for people whose whole life is saving lives to see that sometimes there is no way to save a life, but they have been doing amazing, amazing work to save so many others. We've been sending constant reinforcement. So, 169 clinicians have been sent in recent days to Elmhurst.

That means physicians, registered nurses, nurse practitioners and physician assistants. 100 nurses this weekend alone. In addition, within the hospital, clinicians have been moved from outpatient activities to ICU activities. Staff from the central office of Health + Hospitals are moving in, taking on roles in terms of ICU and emergency department. We are going to keep moving personnel and getting more personnel constantly to help Elmhurst and every other hospital that needs it. This is going to be an extraordinarily tough next few weeks, but we will keep sending more and more reinforcements. And again, we have to get the good people who are there doing such tough work, we have to get them a break, we have to [inaudible] them. And this is why I want to see medical personnel come in, not just from New York City, but from all over the country, including those military and medical personnel. Because we have to give these extraordinary heroes a break at places like Elmhurst.

Also, ventilators – we have added 55 ventilators to Elmhurst over the past two weeks and we will keep adding whatever number of ventilators they need. So, this will be a nonstop effort. Across Health + Hospitals, the whole system, the 11 hospitals, 500 contract nurses have been added already, 500 more coming this week. So, we are just going to constantly, constantly reinforce. Now I want to turn to supplies and the distribution of supplies. And I've already said our first milestone is this coming Sunday, April 5th, we must shore up to get ahead of the challenges. We will start to face that following week. So, this is a race against time. We have gotten some real help. As I said, the ventilators that came in from the federal government – some are coming in from other sources. That's helpful. Incredibly helpful. We need it all. We are thankful for it all.

Yesterday we sent 1,400 ventilators out to our hospitals, to all types of hospitals. That is a huge step forward, but that number we need overall is still 15,000. So, we've made a big dent between different sources to get toward that 15,000. We have a long, long way to go. We still need to see the federal government do a lot more and more quickly. We need the Defense Production Act utilized to the maximum. We need to see a distribution system that's fast and intense. And again, I think the military must be involved. And, again, my specific request to the federal government is 400 more ventilators by April 1st to get us ready for later in the week when we expect the upturn to really intensify and we need those ventilators to be in place and ready.

In terms of personal protective equipment, PPEs, a very moving moment yesterday when the United Nations provided 250,000, a quarter million surgical masks, to the people in New York City, to our health care workers, our first responders. The United Nations, we are their home and they did something very good for their hometown with a quarter million surgical masks and we've asked them, any and all help they can provide going forward we will need it. And those masks are getting out to our hospitals right away.

Dr. Katz will speak to the overall situation, but my message to all the doctors, the nurses, the hospital staff starting with all our colleagues at Health + Hospitals, our public hospitals, but to all of those out there, the voluntary hospitals, the big hospital systems, the independent hospitals – we are all in this together. We're going to go and work to get you every conceivable supply you need and get it to you quick. We have to protect our health care workers and that's what we're working on every single day. And we can only – all of us who are not health care workers can only imagine what you all are going through. We have to be there for you and get you all the help including the additional personnel immediately. That's our job.

In terms of a health capacity. We're all really moved by the fact that the USNS Comfort is arriving tomorrow. I'm really looking forward to greeting the men and women, the medical professionals, the sailors, everyone who is making this possible. I want to thank our colleagues in government at the Economic Development Corporation who played a crucial role for the Comfort to dock and be able to add immense hospital capacity for the city instantly upon docking. Well, they had to be able to dock and they weren't going to be able to dock unless the dock was dredged to allow for a ship of this size.

The operation was supposed to take two weeks. The folks at EDC, working with the Army Corps of Engineers and the State Department of Environmental Conservation that got the job done in eight days. And so, the Comfort will be arriving tomorrow and will right away be making a difference in this city. And we are so, so grateful to the Navy, to the military that this new help will be arriving in our city. Also, very important, in Central Park, we're going to be using every place we need to use to help people. Mount Sinai Hospital, working with a relief organization named Samaritan's Purse, is creating a 68-bed field hospital. So, this is the kind of thing that you will see now as this crisis develops and deepens. The partnership with Central Park Conservancy, our Parks Department, and the Mayor's Office – we all worked together to get this done with Mount Sinai and Samaritan's Purse. Going up now in the East Meadow, should be operational by Tuesday.

Some other quick updates for you and then I'll turn to Dr. Katz and then we'll go to questions. There had been a concern about those incarcerated, update, in terms of our jail system. As of last night, over 650 inmates had been released, again, working carefully with the State of New York and the DAs and being very, very mindful of public safety while also being mindful of deep humanitarian concern. Over 650 released. I can update you and say that since this crisis began, our jail population is down by about 860, not just because of the releases, but because we've seen falling crime and, and lower arrests. Want to thank the DAs and the State for their collaboration and cooperation working all together. And the State I think made an important decision related to those on parole and working through the right approach there. I just want to commend the State for that.

There’s been concerned about our juvenile detainees. A number of actions have been taken. Over the last two weeks, there's been a significant reduction in our juvenile detainee population, there's been a 67 percent reduction in one category, 53 percent reduction in another category. So, when you combine that, obviously we've been able to reduce very, very substantially – it was not a huge population to begin with. We'll get to the exact numbers, but more than half of those who had been detained over the last two weeks have been released, again, while always making sure there is follow-up and monitoring to protect safety. Want to thank our Deputy Mayor for Health and Human Services, want to thank the Law Department, the Mayor's Office of Criminal Justice, and the Administration for Children's Services for working together to ensure that was done properly and quickly.

Related to transportation – a couple of things. Staten Island Ferry, we had made a substantial reduction in service because ridership was down so intensely. We have seen ridership continue to drop, it is now down 86 percent from the same time period last year. As a result of the lower ridership and the need to conserve resources and a number of factors, we're going to be moving to hourly service on the Staten Island Ferry. That will be 24/7 but it will be hourly service. There's so few people using the ferry now compared to what we normally have that we had to make this move. It will go into effect at midnight tonight.

And then related to our subways. We've gotten some reports of crowded subway cars despite obviously a huge, huge reduction in subway usage. Obviously, there's been service reductions as well. We've had some times where there was a service problem and that led to – in other words service had been delayed and that led to some crowding. We are going to work together, the MTA and the NYPD, to go and do spot checks and immediately intervene if we see any subway cars that are crowded. Want to ask all New Yorkers again if I – that should not be something you see very often. And if you're on the subway, it means of course to begin with, you're an essential worker or you're doing something essential under the rules. There obviously should be a whole lot of New Yorkers who have no reason to take the subway at this point.

But if you do have an actually a central reason to be on the subway and you see a crowded car, we want it reported immediately to 3-1-1, so the NYPD and MTA can act on it. And if you're an individual in the subway and you see a crowded car, please avoid that car. Please go to a different part of the train or a wait until another train comes. It's crucial that we avoid any crowded cars. Social distancing means everywhere, including in our subways. I'll finish up and then a couple of words in Spanish – on a very, very important topic, which is the direct relief that New York City needs from the federal government. I had several calls today and over the last few days with Senator Schumer who is not only our Senator, of course, but is the Democratic leader in the US Senate. I spoke as well this morning with Treasury Secretary Mnuchin.

The two important topics. The first is regarding the third stimulus just passed, ensuring that the resources devoted to New York City could be accessed immediately. That's $1.4 billion so we can keep providing essential services to New Yorkers. I'm very satisfied based on the conversations with Senator Schumer and Secretary Mnuchin that we will have access to that money very quickly and under rules that will be very usable and flexible. So that's good news. But I immediately spoke to both about the need for the fourth stimulus, for action to be taken in the month of April by the Congress to provide real and immediate relief to New York City and New York State, given the vast new expenses that we are incurring to help people, to save people, to protect people. We must get additional support. We all know all parts of government are losing a huge amount of the revenue we depend on to provide services to people.

The Congress, the president have to act to keep New York City and New York State whole. It's the right thing to do morally. It's the right thing to do to protect people. And anyone who wants to see a recovery – you're not going to have recovery if the nation's largest city and one of our largest states cannot do our work and are not going to be solvent, we need that support. So, I spoke to them about that and I feel, in addition to the conversation last week with a Speaker Pelosi, I feel hopeful that additional help will be coming.

Finally, just to say we're having a strange experience, all of us would go out in so many parts of the city and see something we've never seen before or only once in a while during a blizzard or some very exceptional event. We see a lot of empty streets, a lot of empty sidewalks. I’m sure it feels strange. It feels strange to me. I'm sure it feels strange to so many of you – remember that that's a sign that New Yorkers are taking the instruction seriously, that they are doing the right thing. The vast, vast majority of New Yorkers are doing the right thing. The vast, vast majority of New Yorkers are practicing social distancing, are really only going out when they absolutely need to and are staying in otherwise. And I really want to thank New Yorkers, all of you, for the way you're handling an incredibly tough crisis. Again, we will get through this together, it will not be easy, but we will get through this together –