United States of America



30 May 2020
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How New York became on pause

Governor Cuomo has put New York State on PAUSE: all non-essential workers are directed to work from home, and everyone is required to maintain a 6-foot distance from others in public. 

On the website of the NY State, citizens can learn about their rights during the COVID-19 epidemic – for example, in regards to testing procedures, paid sick leave, unemployment, insurance, mortgages and rent, utilities, or price gouging. 

Testing is free to all eligible New Yorkers, if it is previously ordered by a health care provider or via a call to the health workers of the COVID-19 hotline. 

In order to protect all NY citizens during these uncertain times, paid sick leave is provided. On March 18th 2020, Governor Cuomo signed an emergency legislation to guarantee job protection and pay for all New Yorkers who have to put themselves into quarantine as a result of the novel coronavirus. Thus, affected persons are able to care for their family without jeopardizing their economic system, as the new law enacts emergency paid sick leave, guaranteeing that jobs are protected, and financial compensation is provided while workers are on a mandatory or precautionary quarantine due to the virus. 

In regards to unemployment, although filing a claim can take a while because of the big volume of calls and web traffic to the NY State Department of Labor´s Unemployment Insurance claim center, it is guaranteed that all citizens will receive the benefits they are entitled to, and that the claim starts on the day the worker has been separated from the employer. On the 27th of March 2020 the President of the United States has signed a law that provides additional unemployment insurance assistance to workers impacted by COVID-19, including, for instance, Pandemic Unemployment Assistance with an extended eligibility for individuals who have traditionally been ineligible for UI benefits, such as self-employed workers or independent contractors; Pandemic Unemployment Compensation, with an additional $600 per week, on top of regular benefits, to all UI recipients; and Pandemic Emergency Unemployment Compensation, with an additional 13 weeks of UI benefits, beyond the regular 26 weeks already provided, for a total of 39 weeks of coverage.

In terms of insurance, the NY State provides the information that a special enrolment period for NY State of Health is provided, allowing uninsured New Yorkers to apply for coverage until the 15th of May, 2020. It is important to know that in case of losing employer coverage, an individual has to apply within 60 days of losing that coverage. Additionally, New Yorkers may also be eligible for Medicaid, the Essential Plan, subsidized Qualified Health Plan or Child Health Plus, due to the loss of their income. 

Telehealth Co-payments are waived, as it is recommended to use telehalth services before going directly to the doctor´s office, urgent care or emergency room, in order to avoid an infection with COVID-19 and keep yourself and others around you safe. The State Department of Financial Services will require insurance companies to waive co-pays for telehealth visits. This action will encourage New Yorkers to seek medical attention from their homes rather than visit a hospital or doctor's office — ultimately reducing strain on the healthcare system and preventing further spread of the virus.

Free Mental Health Services are provided to people in need. As of March 26th 2020, more than 8,600 mental health professionals, including individuals from other states, have signed up to provide free online mental health services.

There are individual or small group health insurance policies, meaning that through June 1st 2020, consumers and businesses experiencing financial hardship due to COVID-19 may defer paying premiums under individual and small group health insurance policies. 

In regards to mortgages and rent, the Department of Financial Services has issued a new directive to New York State mortgage servicers to provide 90-day mortgage relief to mortgage borrowers impacted by the novel coronavirus. The directive includes, amongst others, the waiving of mortgage payments based on financial hardship, a grace period for loan modification, or postponing or suspending of foreclosures. Also, NY State has implemented a 90-day moratorium on evictions for residential and commercial tenants. At this time, eviction proceedings have been suspended and no one can be evicted in New York State until at least June 20th 2020. 

Regarding utilities, NY State announces that major utilities will suspend service shutoffs to households during the COVID-19 outbreak. On the 25th of March 2020, the Public Service Commission approved orders postponing rate increases for nearly 2 million customers of New York American Water and National Grid upstate that were scheduled to go into effect on the 1st of April 2020. 

Lastly, price gouging is addressed, asking New Yorkers to report any unfair price increases of products such as household cleaning supplies and hand sanitizer amid the COVID-19 outbreak.

Copyright © The Impact Lawyers. All rights reserved. This information or any part of it may not be copied or disseminated in any way or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of The Impact Lawyers. The opinions expressed in this article are those of the authors and do not necessarily reflect the positions or policies of The Impact Lawyers.
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