N.Y. Comp. Codes R. & Regs. tit. 9 § 8.205

Current through Register Vol. 46, No. 45, November 2, 2024
Section 8.205 - Executive Order No. 205: Quarantine Restrictions on Travelers Arriving in New York

WHEREAS, the State of New York has successfully slowed the transmission of COVID-19;

WHEREAS, the State of New York has gone from having the highest infection rate to one of the lowest in the country and is one of only a few states reported to be on track to contain COVID-19;

WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to reopening the State of New York;

WHEREAS, other states that may have taken a less cautious approach are experiencing an increased prevalence of COVID-19;

WHEREAS, New York must work in conjunction with its neighboring states of New Jersey and Connecticut, in light of the significant risk posed to the health and welfare of all residents by the further spread of COVID-19 to the tristate area, to protect the progress made;

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, in particular Article IV, section one, I do hereby order and direct as follows:

The commissioner of the Department of Health to issue a travel advisory to be communicated widely at all major points of entry into New York, including on highway message boards and in all New York airports, that:

All travelers entering New York from a state with a positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven day rolling average, will be required to quarantine for a period of 14 days consistent with Department of Health regulations for quarantine.

The Commissioner may issue additional protocols for essential workers, or for other extraordinary circumstances, when a quarantine is not possible, provided such measures continue to safeguard the public health.

The criteria and the protocols will be coordinated with New Jersey and Connecticut Commissioners of Health, in order to ensure that the tristate area is protected from community transmission of COVID-19, while permitting free travel between and among the states.

The Commissioner of Health in New York shall make public the impacted jurisdictions on its website and such travel advisory will be effective at 12:01 a.m. on June 25, 2020, until rescinded by the Commissioner.

Any violation of a quarantine or isolation order issued to an individual pursuant to the Commissioner of the Department of Health's travel advisory by a local department of health or state department of health may be enforced pursuant to article 21 of the public health law, and non-compliance may additionally be deemed a violation pursuant to section 12 of the public health law subject to a civil penalty of up to $10,000.

Signed: Andrew M. Cuomo

Dated: June 24, 2020

Executive Order No. 205.1

Quarantine Restrictions on Travelers Arriving in New York.

WHEREAS, the State of New York has successfully slowed the transmission of COVID-19;

WHEREAS, the State of New York has gone from having the highest infection rate to one of the lowest in the country and is one of only a few states on track to contain COVID-19;

WHEREAS, the Governor has undertaken a cautious, incremental, and evidence-based approach to reopening the State of New York;

WHEREAS, the Centers for Disease Control (CDC) determines risk level for travelers entering the United States from other countries regarding health threats around the world;

WHEREAS, as of this date, only thirty-one nations in the world have COVID-19 transmission that presents "low" (Level 1) or "very low" (no travel health notice) risk, and all other countries for which information is available are designated Level 2 or Level 3 (moderate or high risk, respectively) by the CDC;

WHEREAS, on August 21, 2020, the CDC rolled back its quarantine recommendation for international travelers when arriving in the United States from a Level 2 or Level 3 country;

WHEREAS, New York must take all possible efforts to mitigate and contain spread of COVID-19 in the state as the federal government continues to roll back efforts that are necessary to slow the spread of the virus and implement policy changes that put public health and safety at risk;

WHEREAS, New York has separately required a mandatory quarantine after travel to a Level 2 or Level 3 country for anyone arriving to New York; and

WHEREAS, this New York-required quarantine must remain in place and be strictly enforced in order to continue to contain COVID-19 transmission in the face of negligent relaxation of quarantine restrictions by the federal government;

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, in particular Article IV, section one, I do hereby order and direct as follows:

Executive Order 205, which required the Commissioner of the Department of Health to issue a travel advisory to be communicated widely at all major points of entry into New York, including on highway message boards and in all New York airports, advising all travelers entering New York from certain states that they are required to quarantine for a period of 14 days consistent with Department of Health regulations for quarantine; is hereby modified to require the Commissioner to add to such travel advisory that travelers entering the United States from any country with a CDC Level 2 or Level 3 health notice shall be required quarantine for a period of 14 days consistent with Department of Health regulations for quarantine, and that such travelers shall complete the Department of Health traveler health form or be subject to civil penalty pursuant to the Public Health Law and regulations of the Department of Health.

Signed: Andrew M. Cuomo

Dated: September 28, 2020

Executive Order No. 205.2

Quarantine Restrictions on Travelers Arriving in New York.

WHEREAS, the State of New York has successfully slowed the transmission of COVID-19;

WHEREAS, the State of New York has gone from having the highest infection rate to one of the lowest in the country and is one of only a few states reported to be on track to contain COVID-19;

WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to reopening the State of New York;

WHEREAS, other states that may have taken a less cautious approach are experiencing an increased prevalence of COVID-19;

WHEREAS, New York must work in conjunction with its contiguous states, in light of the significant risk posed to the health and welfare of all residents by the further spread of COVID-19 to the tristate area, to protect the progress made;

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, in particular Article IV, section one, I do hereby order and direct as follows:

The commissioner of the Department of Health to modify the travel Advisory issued pursuant to Executive Order 205 to be communicated widely at all major points of entry into New York, including on highway message boards and in all New York airports, that advisory shall state that:

All travelers entering New York from a state which is not a contiguous state shall quarantine for a period of 14 days consistent with Department of Health regulations for quarantine unless:

For travelers who travel outside of New York for less than 24 hours, the traveler need not test prior to departure from the state, and does not need to quarantine upon arrival.

However, such travelers must continue to fill out the traveler form upon entry; and further shall take a diagnostic test on the fourth day after arrival in New York.

For any traveler who has traveled outside of New York for more than 24 hours, such traveler must seek testing prior to departure from that state, within 72 hours of departure, prior to arrival in New York.

The traveler must, upon arrival in New York, quarantine according to Department of Health guidelines for a minimum of three days, measured from time of arrival and on day 4 may seek a diagnostic test to exit quarantine. The traveler may exit quarantine upon receipt of the second negative test result.

The Commissioner may issue additional protocols for essential workers, or for other extraordinary circumstances, when a quarantine is not possible, provided such measures continue to safeguard the public health.

This modified Advisory shall be effective at 12:01 a.m. on November 4, 2020, until rescinded by the Commissioner.

Any violation of a quarantine or isolation order issued to an individual pursuant to the Commissioner of the Department of Health's travel advisory by a local department of health or state department of health may be enforced pursuant to article 21 of the public health law, and non-compliance may additionally be deemed a violation pursuant to section 12 of the public health law subject to a civil penalty of up to $10,000.

Signed: Andrew M. Cuomo

Dated: October 31, 2020

Executive Order No. 205.3

Quarantine Restrictions on Travelers Arriving in New York.

WHEREAS, on June 24, 2020, I issued Executive Order Number 205, requiring the Commissioner of the Department of Health to issue a travel advisory; and

WHEREAS, Centers for Disease Control guidance regarding quarantine has been modified;

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, in particular Article IV, section one, do hereby order and direct that Executive Order 205.2 is modified only insofar as to require quarantine for a period consistent with Department of Health guidance for all travelers entering New York from a state which is not a contiguous state, or from a country or territory subject to a CDC Level 2 or higher COVID-19 Risk Assessment Level or for which the COVID-19 risk level is designated by the CDC as Unknown, unless such traveler has traveled for less than 24 hours, is deemed an essential worker, or obtains two negative COVID-19 diagnostic test results in accordance with Executive Order 205.2.

Signed: Andrew M. Cuomo

Dated: December 30, 2020

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8.205