Governor Murphy Announces Elective Surgeries and Invasive Procedures May Resume May 26, 2020

On Friday May 15, 2020, Governor Murphy announced he will sign an Executive Order that will allow for the resumption of elective surgeries and invasive procedures on May 26, 2020. On Monday May 18, 2020, the New Jersey Department of Health and the Division of Consumer Affairs (the Department) will issue binding guidance detailing which procedures may resume and under what conditions. Guidance for both hospitals and ambulatory surgery centers will be issued on Monday May 18, 2020. The following conditions were detailed by Commissioner of Health, Judith Persichilli, during the Governor’s coronavirus task force briefing on May 15, 2020:

• There will be a phased reopening of elective surgery beginning with urgent surgical procedures at hospitals.
• Facilities must develop plans to test patients 72 hours prior to surgery and conduct symptom screening on the day of surgery.
• Quarantine will be required three days before surgery.
• Patients testing positive for COVID-19 prior to the surgical procedure or having symptoms consistent with COVID-19 should not have an elective procedure that is not emergent or urgent.
• Facilities must implement all necessary controls to prevent the spread of the virus, including cleaning and disinfecting, social distancing in waiting rooms, limiting and restricting visitors, using physical barriers, and masking when possible.
• Facilities must assure the Department that they have adequate staffing, PPE, and supplies appropriate to the number and type of procedures to be performed.
• The Department will issue specific guidance and protocols regarding the above requirements in further detail on May 18, 2020.

We will provide an update regarding the Governor’s impending Executive Order and binding guidance from the Department upon its release.

If you have any questions about this alert or any other healthcare law issue, please contact:

John D. Fanburg, Managing Member and Chair, Healthcare Law, at 973-403-3107 or jfanburg@bracheichler.com

Carol Grelecki, Member, Healthcare Law, at 973-403-3140 or cgrelecki@bracheichler.com

Cynthia J. Liba, Associate, Healthcare Law, at 973-403-3106 or cliba@bracheichler.com