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New Jersey: Designated ‘Health Care Facilities’ to Submit Daily Reports on Capacity, Supplies

New Jersey Governor Phil Murphy has signed an Executive Order directing “health care facilities” designated by the Office of Emergency Management (OEM) to submit reports on capacity and supplies by 10:00 a.m. each day.

The Governor signed Executive Order 111 on March 28, 2020. It is the tenth EO he has signed since the onset of the coronavirus (COVID-19) crisis. EO 111 goes into effect immediately.

Coverage; Scope of OEM Authority

While EO 111 does not identify the facilities that must submit daily reports, it states that licensed acute care hospitals, long-term care facilities, hospital systems (including specialty hospitals), and emergency modular field treatment facilities may be included in the designations.

EO 111 gives the OEM the discretion to determine what constitutes a “health care facility” under applicable state statutes. Accordingly, facilities not previously covered under the state’s definition may receive OEM designations and, upon any such designation, will be required to provide the daily reports.

The EO does not specify the information to be submitted, but the OEM is expected to request information on bed capacity and availability of supplies, including personal protective equipment, ventilators, and other items necessary to treat COVID-19 patients. The OEM will establish a process for collection of the data.

In addition, EO 111 authorizes OEM to disseminate the data collected from facilities as it deems necessary during the state of emergency. The data collection and dissemination will enable OEM to allocate the resources necessary to respond to the COVID-19 pandemic throughout New Jersey.

Violations

The failure of a facility that receives an OEM designation and request for data to furnish the requested information by 10:00 a.m. daily could result in a disorderly persons offense for violation of EO 111. Penalties for such violations include up to six months in jail and a $1,000 fine.

Jackson Lewis P.C. © 2020

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About this Author

James M. McDonnell, Jackson Lewis, restrictive covenants lawyer, harassment retaliation attorney
Principal

James M. McDonnell is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. He represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination and wage and hour claims.

Mr. McDonnell regularly represents employers in federal and state courts and administrative agencies, including the Equal Employment Opportunity Commission, the New Jersey Division of Civil Rights, the United States Department of Labor, and...

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