COVID-19 Updates
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Governor Lamont’s Executive Order 7H issued on March 20, 2020 recognizes that legal services are essential during the COVID-19 crisis. Berchem Moses PC’s attorneys and staff are available to assist our clients throughout these unprecedented times. Our offices in Milford and Westport currently remain open to serve you via phone or email during regular business hours.

As everyone works to keep up with the rapid developments brought upon by the coronavirus, our attorneys are here to guide you through decisions that are faced by business owners, employers and educators.  Please call if we can assist you.


Articles:


Governor Lamont’s Executive Orders
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Note: these are abbreviated summaries that include, but are not limited to, the terms set forth below.

Executive Order No. 7LLL  (7/28/2020)

Amends EO # 7G, Section 2, to rescind the suspension of requirements or deadlines related to child protection matters pending before the Superior Court for juvenile matters in the civil session.

Executive Order No. 7JJJ  (7/24/2020)

Modifies state law to create rebuttable presumption of eligibility for workers compensation benefits for individuals contracting COVID-19 as an occupational disease arising out of and in the course of employment; and modifies state law to prohibit the discharge, discrimination, discipline, and deliberate misinformation or dissuasion of individuals who have filed or intend to file for such benefits.

Executive Order No. 7III  (7/21/20)

Repeals advisory self-quarantine and makes mandatory self-quarantine for travelers from states with high COVID-19 infection levels; Extends statutory or regulatory deadlines by DMV.

Connecticut Revises Travel Restrictions

Executive Order No. 7HHH  (7/14/2020)

Authorizes continued temporary suspension of the requirements for licensure, certification, or registration of out-of-state providers.

Executive Order No. 7GGG  (7/13/2020)

Authorizes temporary rental housing program; Temporary mortgage relief program; and Online continuing education for plumbers and electricians.

Executive Order No. 7FFF  (7/6/2020)

Modifies minimum service hours for private non-medical institutions for adults.

Executive Order No. 7EEE  (6/30/2020)

Authorizes DSS to provide funding from the Coronavirus Relief Fund to additional providers; and Authorizes funding for online continuing education for plumbers and electricians.

Executive Order No. 7DDD  (6/29/2020)

Extends protections for residential renters affected by COVID-19; and Authorizes extension of statutory and regulatory administrative deadlines by an additional 90 days.

Executive Order No. 7CCC (6/25/2020)

Clarifies time periods in Executive Order No. 7I; Extends time for fire service personnel examinations; and Extends time for issuance of duplicate licenses and identity cards.

Executive Order No. 7BBB  (6/24/2020)

Issues safety advisory regarding travel from states with high infection rates; Amends deadline for candidates to withdraw from presidential primary; Accelerates date to finalize order of names on presidential primary ballot; Requires temporary commercial pesticide junior operator certification; and Authorizes modified enhanced health procedures in child care and day camps.

Executive Order No. 7AAA  (6/17/2020)

Corrects technical details of  Executive Order No. 7ZZ, Section 8; Modifies limitations on group sizes in child care; Waives requirement to hold annual agricultural fair and reporting requirement to maintain agricultural society property tax exemption; and Orders mandatory COVID-19 testing for staff of private and municipal nursing home facilities, managed residential communities, and assisted living services agencies.

Executive Order No. 7ZZ  (6/16/20)

Modifies certain Phase 2 reopening efforts; Makes restrictions on large gatherings and events; Further clarifies limits on alcohol sales by restaurants, bars, and private clubs; Extends restrictions on off-track betting; Extends essential business rules; Clarifies Executive Order No. 7MM; and Extends remote notarization.

Executive Order No. 7YY  (6/10/2020)

Resumes court filing deadlines; Modifies certain DMV functions; and Modifies Executive Order No. 7E.

Executive Order No. 7XX (6/6/2020)

Modifies safety rules for drive-in religious gatherings and drive-in graduations; and Suspends the involuntary discharge of nursing facility residents and residential care home residents who may be discharged to homeless shelters, except during emergency situations or with respect to COVID-19 recovered discharges.

Executive Order No. 7WW (6/5/2020)

Clarifies technical issues regarding the ballot petitioning process for the August 2020 primary and November 2020 general election; and Further clarifies limits on alcohol service and sales related to catering.

Executive Order No. 7VV   (6/2/2020)

Amends limitation on program sizes in child care.

Executive Order No. 7UU   (6/1/2020)

Requires mandatory COVID-19 testing for staff of private and municipal nursing homes, residential communities and assisted living agencies; and Determines suitable work.

Executive Order No. 7TT   (5/29/2020)

Allows reopening of barbershops and hair salons on June 1; and Amends prohibitions on large gatherings.

Executive Order No. 7SS   (5/27/2020)

Permits the creation of a temporary nurse aide position.

Executive Order No. 7RR  (5/21/2020)

Authorizes DEEP to issue rental refunds; Modifies age limit for early intervention coverage; and Waives requirement for guest books at private clubs.

Executive Order No. 7QQ  (5/20/2020)

Permits the use of absentee ballots to reduce the risk of COVID-19 transmission during August 11, 2020 primary; and Clarifies that orders by commissioners issued pursuant to the governor’s executive orders are not regulations.

Executive Order No. 7PP  (5/18/2020)

Reopening Phase 1: Explains sector rules governing the reopening of businesses; Extends prohibition on large gatherings to June 20, 2020; Extends restrictions on off-track betting, indoor fitness, and movie theaters to June 20; Clarifies limits on restaurants, bars, and private clubs – mixed drinks permitted for takeout delivery; Limits the operation of day camps; Outlines enhanced health procedures for all day camps; Cancels resident camp operations; Limits the operation of summer and educational programs operated by local or regional boards of education; and Suspends or modifies regulatory requirements to protect public health and safety.

Executive Order No. 7OO  (5/14/2020)

Provides procedures for local appointments and elections requiring in-person vote.

Executive Order No. 7NN  (5/13/2020)

Waives statutory vote on supplemental federal block grant; Allows remote participation in member meetings; Waives certain regulatory limitations on the amount of support that can be provided to caregiver relatives; Modifies technical aspects of grace period for April and May rent; Authorizes OPM to direct DSS to provide Coronavirus Relief Fund distributions to nursing home facilities; Authorizes OPM to direct DSS to provide Coronavirus Relief Fund distributions to COVID recovery facilities and alternate COVID recovery facilities; Authorizes additional COVID-19 related hardship relief funding under the Coronavirus Relief Fund to nursing home facilities; Coronavirus Relief Fund distribution determinations not subject to rehearing or appeal; and Extends suspension of tax on single-use plastic checkout bags.

Executive Order No. 7MM  (5/12/2020)

Allows municipalities to expedite changes to their zoning rules or other ordinances to expand outdoor dining; Creates an expedited approval process for restaurants and other establishments that serve food to get fast-tracked permission to create or expand outdoor dining areas; Allows other businesses such as retail stores to get fast-tracked permission to sell goods on the sidewalk or in other outdoor areas, including shared spaces or spaces provided by municipalities; Allows restaurants and other businesses who already have liquor permits to serve alcohol only with food without applying for a separate patio or extension of use permit; and Allows private clubs to sell alcohol only to their members for delivery or pickup.

Executive Order No. 7LL  (5/11/2020)

Modifies the petitioning process for the August primary.

Executive Order No. 7KK  (5/7/2020)

Permits pharmacists to order and administer Food and Drug Administration approved tests for COVID-19.

Executive Order No. 7JJ  (5/6/2020)

Suspends biennial filing requirements for state elderly tax relief programs and extends certain benefits; authorizes orders facilitating remote classes and testing for DEEP Programs; tolls certain land use and building permits valid as of 3/10/20 during the state of emergency and authorizes waiver of certain conditions; authorizes suspension of in-person voting requirements by members of the public for additional critical and time-sensitive municipal decisions.

Executive Order No. 7II  (5/5/20)

Extends school class cancellations for remainder of school year (supersedes in part EO Nos. 7C, 7L and 7X); authorizes the temporarily waiver of Medicaid home health regulatory requirements; waives certain requirements for the issuance of vouchers under the Farmers’ Market Nutrition Program for Women, Infants, and Children; and extends the deadline for obtaining dog licenses from July 1, 2020 to August 1, 2020.

Executive Order No. 7HH  (5/1/2020)

Suspends annual town meetings or referendums to adopt budgets (clarifies Executive Order 7I); and; and authorizes common-interest communities to hold meetings remotely.

Executive Order No. 7GG  (4/30/2020)

Authorizes waiver of requirements to expedite the state’s emergency procurement of essential services and construction-related services; extends existing state contracts to prevent gaps in necessary services; waives notarization requirement for embalmer’s affidavit accompanying death certificates; temporarily suspends controlled substance registration for prescriptions; and extends payment time for sealed ticket revenue due to the state.

Executive Order No. 7FF  (4/24/2020)

Provides additional flexibility for Medicaid-enrolled providers to perform telehealth through audio-only methods for new patients.

Executive Order No. 7EE  (4/23/2020)

Requires mandatory reporting by managed residential communities and nursing homes and established penalties for noncompliance; authorizes waiver of certain Medicaid prior authorization requirements; authorizes waiver of bed reservation requirements for residents on leave from intermediate care facilities for individuals with intellectual disabilities; and authorizes waiver of requirements for signed delivery receipt for medical equipment, devices, and supplies.

Executive Order No. 7DD  (4/22/2020)

Adds certain health professionals to the definition of telehealth provider and provides flexibility for providers to perform telehealth through additional methods; authorizes waiver of licensure/registration requirements for certain out-of-state healthcare providers; authorizes participation in intern, resident physician, or United States Medical Officer candidate training programs prior to DPH permit issuance; authorizes participation in resident physician assistant program prior to DPH permit issuance; suspends physician assistant and advanced practice registered nurses supervision restrictions; authorizes certain services by respiratory care therapists and respiratory care technician students; suspends continuing education requirements for health care providers; and modifies 36-month age limit for Birth-to-Three services.

Executive Order No. 7CC  (4/17/21)

Applies additional critical and time-sensitive municipal fiscal actions; Clarifies time periods regarding suspension and modification of non-judicial tax sales; Excludes federal stimulus payments in evaluating eligibility for state or local programs financed in whole or in part using state funds; Provides alternatives to physical presence in court for finding of irretrievable breakdown of marriage; Provides alternatives to in-person waiver of right to file motion or petition for educational support; and, Revises financial protections for people covered by insurance who receive out-of-network health care services during the public health emergency.

Executive Order No. 7BB  (4/17/20)

Requires cloth face coverings or higher levels of protection in public wherever close contact is unavoidable; further postpones presidential preference primary to August 11.

Masks or Cloth Face Coverings Required in Workplace

Executive Order No. 7AA  (4/15/2020)

Authorizes approval of additional temporary nursing home beds for COVID-19 recovery.

Executive Order No. 7Z  (4/14/2020)

Modifies state contracting statutes to facilitate the emergency procurement of essential goods; suspends in-person attendance requirements for assessment appeals; suspends requirements for security officer license.

Executive Order No. 7Y  (4/11/2020)

Suspends requirement that nursing homes reserve beds for hospitalized residents; authorizes resident transfers to certain nursing homes for COVID-19 quarantining (“COVID Transfers”); modifies definition of emergency to include COVID Transfers; suspends requirements for notice of discharge and discharge plan for certain nursing home residents after COVID Transfers; suspends requirements for court hearing or probate order for COVID Transfers; establishes timeframes for COVID Transfers.

Executive Order No. 7X  (4/10/2020)

Establishes additional protections for renters impacted by COVID-19; extends cancellation of public school classes through May 20 (supersedes E.O. Nos. 7C and 7L); extends closures, distancing, and safety measures through May 20 (modifies E.O. Nos. 7D, 7F, 7H and 7N); authorizes modification or deferral of educator certification testing; and authorizes food truck operation at rest areas.

Executive Order No. 7W  (4/9/2020)

Applies tax relief requirements to quasi-municipal corporations and modifies certain tax relief timeframes (modifies E.O. No. 7S); prohibits increased experience rating based on COVID-19 unemployment claims; waives certain cleaning requirements for establishments normally permitted to sell beer or wine; suspends requirements for delivery signatures; waives requirements that certain permittees notify DCP and return permit upon temporary business closure pursuant to E.O. No. 7D; authorizes DCP issuance of 90-day provisional permits for sale or manufacture of alcohol; extends renewal dates for on-premise liquor permits; and waives requirements for recording certain permits with town clerk.

Executive Order No. 7V  (4/7/2020)

Requires that every essential business take additional protective measures consistent with DECD requirements (supersedes in part E.O. No. 7H); extends temporary permits for certain health care providers and waives fees; authorizes practice before licensure for certain health professionals, marital and family therapy associates, and professional counselor associates; and revises protection for health care professionals and facilities against civil liability for acts or omissions related to the state’s COVID-19 response (supersedes E.O. No. 7U).

Latest Executive Order Mandates Safe Workplace Rules for Essential Businesses

Executive Order No. 7U  (4/5/2020) 

Establishes protection for health care professionals and facilities against civil liability for acts or omissions related to the state’s COVID-19 response; and establishes financial protections for the uninsured and people covered by insurance who receive out-of-network health care services during the public health emergency.

Executive Order No. 7T  (4/2/2020)

Prohibits non-essential lodging; authorizes alcohol delivery direct to consumers by certain restaurants, bars, and private clubs (modifies E.O. No. 7G); authorizes suspension of notarization requirement related to Connecticut Recovery Bridge Loan Program; authorizes waiver of certain requirements to maintain adequate child care services; suspends rehearing rights for temporary rate increases for certain health care providers; and establishes alternative to affidavits related to orders of protection and relief.

Executive Order No. 7S  (4/1/2020)

Requires mandatory statewide rules for retail establishments to take additional protective measures (supersedes E.O. No. 7N); establishes a 60-day grace period for premium payments, policy cancellations, and non-renewals of insurance policies; establishes a 90-day extension on period of credit for liquor permittees; daily payment of certain taxes changed to weekly; authorizes certain Medicaid waivers; requires that municipalities adopt new tax relief program(s); authorizes suspension of in-person voting requirements for certain municipal fiscal deadlines; suspends reapplication requirements for the elderly/disabled circuit breaker and freeze tax relief programs; suspends interior inspection requirements pertaining to October 1, 2020 grand list revaluations; extends deadline to file income and expense statement to August 15; and suspends non-judicial tax sales.

Executive Order No. 7R  (3/31/2020)

Continues funding for boards of education from DOE; requires continued payment of public school staff to the extent practicable; preserves student transportation services and special education providers; authorizes restrictions on access to state parks, forests, and other lands; and permits curbside pickup of alcoholic beverages for holders of package store liquor and grocery store beer permits.

State Department of Education Issues FAQ – Bus Contracts, Employees and Third Party Consultants

Feds and Governor Issue Edicts Requiring Boards of Education to Pay Employees and Bus Contractor Employees

Executive Order No. 7Q  (3/30/2020)

Limits group sizes in childcare to 10 children in one space; enhances health procedures for all childcare programs; and amends procedures for remote notarization (supersedes E.O. No. 7K).

Executive Order No. 7P  (3/28/2020)

Authorizes provision of non-congregant housing for persons at risk by certain state agencies.

Executive Order No. 7O  (3/27/2020)

Authorizes suspension of license renewals and inspections by DPH; modifies health care provider identification badge requirements; waives registration requirements for manufacture of hand sanitizers and medical devices; and authorizes waiver of Birth-to-Three family cost participation fees.

Executive Order No. 7N  (3/26/2020)

Limits gatherings to 5 people through April 30 (supersedes E.O. Nos. 7 and 7D); restricts restaurant payment and pickup operations; further restricts retail operations; requires firearms transactions by appointment only; suspends tax on single-use checkout bags through May 15; prohibits employers from requiring employees place items in customers’ reusable bags through May 15; suspends 21-month limit on Temporary Family Assistance; and suspends school testing assessments for 2019-20 school year.

Executive Order No. 7M  (3/25/2020)

Authorizes suspension of time periods for DOT final determinations on permits; suspends requirements for FOIA appeals and decisions; and authorizes state agencies to extend administrative deadlines by 90 days.

Executive Order No. 7L  (3/24/2020)

Extends class cancellations at all public schools through April 20 (supersedes E.O. No. 7C); opens fishing season early; suspends restrictions on reemployment of municipal retirees; modifies certain laws to maintain medical marijuana access for patients; extends time period for nursing home transfers; authorizes modification of registrars of vital records duties; suspends in-person access to copies of vital records at DPH; and modifies marriage license requirements.

Executive Order No. 7K  (3/23/2020)

Suspends certain non-critical probate court and non-critical Workers’ Compensation Commission operations; authorizes remote notarization through June 23 (modified by E.O. No. 7Q); authorizes modification of DPH regulatory requirements; and suspends national criminal history records checks for long-term care providers.

Executive Order No. 7J  (3/22/2020)

Further clarifies “Stay Safe, Stay Home” restrictions for non-essential businesses (modifying E.O. No. 7H); authorizes extension of time for fire personnel examinations; authorizes delivery of methadone to homebound patients; suspends rehiring procedures and restrictions on temporary worker retirees; and authorizes modification of real property and contracting statutes to facilitate leasing, repairs, alterations and use of real property.

Executive Order No. 7I  (3/21/2020)

Authorizes extended timeframes for DSS benefits eligibility reinvestigations; suspends certain health insurance copays; authorizes suspension of limits on certain medication refills; authorizes waiver of certain Student Data Privacy Act requirements; authorizes limitations on visitors to DCF facilities and in-person service requirements; permits pharmacists to refill prescriptions for longer periods; authorizes modification to pharmacy operations; authorizes suspension of in-person shareholder meetings; prohibits in-person municipal and regional boards of education budget adoption requirements; extends certain tax assessment deadlines, filing requirements, and hearings; and extends certain land use and similar deadlines by 90 days, modifies notice requirements and extends appeal periods.

Executive Order No. 7H  (3/20/2020)

Establishes “Stay Safe, Stay Home” restrictions on all workplaces for non-essential business through April 22 (modified by E.O. No. 7J, superseded in part by E.O. No. 7V); and prohibits orders by local municipal CEOs that conflict with an Executive Orders or related state agency order.

Executive Order No. 7G  (3/19/2020)

Postpones presidential primary to June 2; suspends of non-critical court operations and associated requirements; permits certain restaurants and other eating establishments to sell alcohol with take-out food orders under certain conditions (modifying E.O. No. 7D); closes beautification establishments; authorizes Medicaid-enrolled providers and in-network providers for commercial fully insured health insurance to perform telehealth through additional methods; authorizes suspension of in-person investigative visits regarding reports of elder abuse; and authorizes extension of time for disclosure of investigation results.

Executive Order No. 7F  (3/18/2020)

Closes common areas of certain indoor shopping malls through April 30; closes all of places of public amusement through April 30; authorizes of Medicaid telehealth coverage to audio-only telephone; waives in-person service, gearing, and screening requirements for facilities that have issued orders limiting visitor access; and exempts from closure classes and programming at certain schools operated within DOC, DCF, and DMHAS.

Executive Order No. 7E  (3/17/2020)

Waives the 180-day school year requirement so that schools may close on normal end-dates (supersedes E.O. No. 7C); suspends fingerprinting at police departments; authorizes extended time periods for DESPP permits; authorizes suspension of DSS public assistance benefit overpayments; and authorizes suspension of in-person hearing attendance at DSS fair hearings.

Executive Order No. 7D  (3/16/2020)

Effective through April 30:  Limits gatherings to 50 people (supersedes E.O. No. 7, superseded by E.O. No. 7N); limits restaurant, bar, and private club operations to off-premise consumption of food and non-alcoholic beverages; closes of off-track betting facility operations; and closes of gym, sports, fitness, recreation facilities, and movie theaters.

Executive Order No. 7C  (3/15/2020)

Cancels classes at all public schools until March 31 (superseded by E.O. No. 7L); authorizes waiver of requirements for prescribed courses of study and graduation, education preparation programs, educator certification timelines, educator evaluations, and professional development; extends municipal and regional board of education budget adoption deadlines by 30 days; authorizes remote DMV operations and closure of DMV branches; limits visitors to facilities that treat persons with psychiatric disabilities and the Southbury Training School; and authorizes the sharing of information on COVID-19 cases between certain facilities and local health directors.

May 1 Non-Renewals May Be Sent Via Email and/or Delayed

Executive Order No. 7B  (3/14/2020)

Suspends in-person open meeting requirements under the Freedom of Information Act and authorizes electronic meetings; waives manufacturer registration requirement for hand sanitizer; suspends garbing requirements for non-hazardous compounding of sterile pharmaceuticals; authorizes refunds for certain liquor license application fees; waives face-to-face interview requirements for Temporary Family Assistance; authorizes modification/waiver of certain laws regarding childcare resources; authorizes modification/waiver of certain laws regarding healthcare facilities and resources.

Executive Order No. 7A  (3/13/2020)

Authorizes the Department of Public Health to restrict visitation at nursing homes and similar facilities.

Executive Order No. 7  (3/12/2020)

Limits the size of gatherings to 250 people (superseded by E.O. Nos. 7D and 7N); waives the 180-day school year requirement; sets nursing home visitation restrictions; authorizes DMV to extend renewal deadlines; relaxes attendance rules for police academy trainees.

 

Seminars:

June 19, 2020
Connecticut Bar Association Labor & Employment Law Section – Webinar
Paula Anthony, Senior Counsel with our Labor and Employment practice group, will co-moderate a panel discussion on employment issues and challenges as workplaces reopen in Connecticut.  To register, click here.

May 18, 2020
The Labor & Employment Law group at Berchem Moses PC presented its third Virtual HR Bootcamp titled, Preparing to Bring Workers Back in the Age of COVID 19 – Are you Ready? Speaker for this session was Attorney Paula N. Anthony. To view the PowerPoint presentation that was discussed in the meeting, click here.  To view a recording of the presentation, click here

May 12, 2020 

“My Employee Just Tested Positive for COVID-19 — Now What?”
Presented by the Greater Valley Chamber of Commerce – Women in Networking Council
Speaker: Attorney Paula N. Anthony
Click here for details.

May 1, 2020
Berchem Moses PC presented its second Virtual HR Bootcamp to cover COVID-19 Workplace Considerations: My Employee Tested Positive for COVID-19, Now What?  Speaker for this session was Attorney Paula N. Anthony. To view the PowerPoint presentation that was discussed in the meeting, click here.  To view a recording of the presentation, click here.

April 1, 2020
Berchem Moses PC presented a Virtual HR Bootcamp to cover Employment Law implications of COVID-19 including the Families First Coronavirus Response ActSpeakers for this session were Attorneys Paula N. Anthony, and Rebecca GoldbergTo view the PowerPoint presentation that was discussed in the meeting, click here.