New Executive Orders Aid OPWDD Facilities amid COVID-19

In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the form of certain suspended or waived requirements applicable to facilities licensed by the Office of People with Development Disabilities (OPWDD).

By several Executive Orders, Governor Cuomo temporarily suspended or waived certain requirements to help OPWDD-licensed facilities navigate the difficulties of providing services during the COVID-19 pandemic. By extension, OPWDD providers should find insulation from what, in the absence of the waivers, would otherwise have caused Justice Center enforcement actions.