N.J. Admin. Code § Executive Order No. 172 (2020)
Governor Philip D. Murphy
Executive Order No. 172 (2020)
An Order Allowing Public Employees to Immediately Enroll in the State Health Benefits Program
Issued: August 3, 2020.
Effective: August 3, 2020.
WHEREAS, in light of the dangers posed by Coronavirus disease 2019 ("COVID-19"), I issued Executive Order No. 103 on March 9, 2020, the facts and circumstances of which are adopted by reference herein, which declared both a Public Health Emergency and State of Emergency; and
WHEREAS, through Executive Order Nos. 119, 138, 151, 162, and 171, issued on April 7, 2020, May 6, 2020, June 4, 2020, July 2, 2020, and August 1, 2020, respectively, the facts and circumstances of which are adopted by reference herein, I declared that the COVID-19 Public Health Emergency continued to exist and declared that all Executive Orders and Administrative Orders adopted in whole or in part in response to the COVID-19 Public Health Emergency remained in full force and effect; and
WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I reserved the right to utilize and employ all available resources of State government to protect against the emergency created by COVID-19; and
WHEREAS, pursuant to N.J.S.A. App. A:9-47, the Governor is authorized to, among other things, suspend any regulatory provision of law when its enforcement is detrimental to the public welfare during an emergency; and
WHEREAS, as COVID-19 continued to spread across New Jersey and an increasing number of individuals required medical care or hospitalization, I issued a series of Executive Orders pursuant to my authority under the New Jersey Civilian Defense and Disaster Control Act, N.J. S.A. App. A:9-33 et seq., and the Emergency Health Powers Act, N.J.S.A. 26:13-1et seq., to protect the public health, safety, and welfare against the emergency created by COVID-19, including Executive Order Nos. 104-133, Nos. 135-138, Nos. 140-166 (2020), and Nos. 168-171 (2020), the facts and circumstances of which are all adopted by reference herein; and
WHEREAS, pursuant to N.J.S.A. 52:14-17.26, N.J.S.A. 52:14-17.31, N.J.A.C. 17:9-2.6(for State employees and dependents), and N.J.A.C. 17:9-2.7(for local government employees and dependents), there is a waiting period before a new hire becomes eligible for participation in the State Health Benefits Program ("SHBP"); and
WHEREAS, on April 6, 2020, through Executive Order No. 115, the facts and circumstances of which are adopted by reference herein, I recognized that new employees hired by State departments, agencies, boards, commissions and independent authorities and local municipal and county governments in response to the COVID-19 pandemic will need and desire to have health insurance coverage under the SHBP immediately upon hire, and cannot feasibly complete the waiting period under State law between the date of hire of a new employee and the new employee becoming eligible to participate in the SHBP; and
WHEREAS, workers are commencing employment in, and certain workers are returning from furloughs or other circumstances in which they did not retain health benefits through SHBP or maintain health benefits through COBRA to, positions that allow the workers to participate in the SHBP ("New or Returning Employees"), but these workers are not necessarily hired specifically to respond to the COVID-19 pandemic as required to enroll immediately upon hiring in the SHBP pursuant to Executive Order No. 115 (2020); and
WHEREAS, the statutory scheme described herein could result in new employees not having access to health benefits during a pandemic, when seamless access to health care, including preventive services as well as [page=1636] care relating to COVID-19, is of the utmost importance, and the State needs these employees to promptly seek and receive medical services related to COVID-19; and
WHERAS, the employment of skilled professionals is essential to the State's response to the COVID-19 pandemic and the lack of health benefits coverage for newly hired personnel may serve as a deterrent to attracting and hiring staff with the necessary skills to respond to the pandemic; and
WHEREAS, when employees are hired to work in positions that increase their risk of exposure to COVID-19, there is a compelling reason to ensure that such employees have immediate access to health benefits coverage; and
WHEREAS, a healthy workforce decreases absenteeism, reduces long-term employer costs, increases worker morale, and improves talent acquisition and retention; and
WHEREAS, comprehensive health benefits coverage commencing immediately upon employment will foster a healthy workforce, particularly during an emergency when a pandemic poses health risks for all residents and when the State must be able to rely on stability in its workforce; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. 26:13-1et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:
N.J. Admin. Code Executive Order No. 172 (2020)