Trial Practice and Litigation

NH’s Emergency Orders and Rules Addressing COVID-19

Michael A. Delaney
Director and Chair, Litigation Department
Published: McLane.com
May 11, 2020

Updated 5/11/2020

Public officials in New Hampshire have issued a series of executive orders and modified government regulations in response to the Novel Coronavirus.  Please contact McLane Middleton with questions about these emergency regulations.

Governor Sununu’s Declaration of Emergency, Executive Order 2020-04

  • Re-purposes state employees to address COVID-19
  • Prohibits visitor access to assisted living, nursing, long term care, and residential care facilities
  • Suspends traditional government contracting rules to address COVID-19
  • Makes state-owned properties available to the Division of Public Health
  • Suspends non-essential out-of-state travel for state and municipal employees
  • Suspends all out-of-state travel for school sponsored activities
  • Authorizes use of emergency meeting provisions of Right-To-Know law to conduct public meetings by electronic means
  • Provides waiver of traditional rules for licensing/credentialing of hospital and health facilities
  • Waives licensing requirements and maximum enrollment rules for day care facilities and for
  • employers to provide temporary day care for employees
  • Expands the sharing of medical information to investigate, control and treat COVID-19

 

Governor Sununu’s Emergency Orders, https://www.governor.nh.gov/news-and-media/emergency-orders-2020

  • Emergency Order 1, Remote Instruction and Support for Public Schools
  • Emergency Order 2, Temporary Prohibition on gatherings of 50 people (excluding regular business operations) and onsite beverage consumption
  • Emergency Order 3,  Prohibiting utility discontinuance of service during emergency
  • Emergency Order 4, Prohibiting commencement of eviction proceedings for financial reasons during emergency
  • Emergency Order 5, Expanding eligibility for unemployment benefits for those unable to work or on reduced hours due to COVID-19
  • Emergency Order 6, Temporary authorization for take-out or delivery of beer or wine
  • Emergency Order 7, Temporary modification of data and privacy governance plans for schools
  • Emergency Order 8, Temporary expansion of Telehealth Services
  • Emergency Order 9, Establishes the COVID-19 Emergency Healthcare System Relief Fund
  • Emergency Order 10, Requiring all sellers of groceries to temporarily transition to use of single use paper or plastic bags
  • Emergency Order 11, Temporary authority to perform secure remote online notarization
  • Emergency Order 12, Temporary modification of public access to meetings under RSA  91-A
  • Emergency Order 13, Temporary allowance for New Hampshire pharmacists and pharmacies to compound and sell hand sanitizer over the counter (“OTC”) and to allow pharmacy technicians to perform non-dispensing tasks remotely
  • Emergency Order 14, Temporary authorization for out-of-state pharmacies to act as a licensed mail-order facility within the State of New Hampshire
  • Emergency Order 15, Temporary authorization for out of state medical providers to provide medically necessary services and provide services through telehealth
  • Emergency Order 16, Temporary prohibition on scheduled gatherings of 10 or more attendees
  • Emergency Order 17, Closure of non-essential businesses and requiring Granite Staters to stay at home
  • Emergency Order 17 Exhibit A, List of Industry Sectors that provide essential business
  • Emergency Order 18, Temporary Modification to Department of Safety Laws and Regulations
  • Emergency Order 19, Extension of Remote Instruction and Support for Public K-12 Schools
  • Emergency Order 20, Temporary emergency wage enhancement for New Hampshire Liquor Commission retail employees
  • Emergency Order 21, Establishment of COVID-19 Emergency Domestic and Sexual Violence Services Relief Fund
  • Emergency Order 22, Authorization of emergency funding for child protection services
  • Emergency Order 23, Temporary modification of municipal and local government statutory requirements
  • Emergency Order 24, Modification and clarification of Emergency Order #4
  • Emergency Order 25, Temporary modification of interest penalty for late payment of property taxes
  • Emergency Order 26, Extension of Emergency Orders 2, 6 and 16
  • Emergency Order 27, Restriction of hotels and other lodging providers to provision of lodging for vulnerable populations and essential workers
  • Emergency Order 28, Temporary non-congregate sheltering order to reduce the spread of COVID-19
  • Emergency Order 29, Temporary modification to executive branch deadlines and requirements
    • Exhibit A – N.H. Department of Environmental Services, April 9th
    • Exhibit B – Department of Justice, Charitable Trusts Unit, April 9th
    • Exhibit C – N.H. Fish and Game, April 14th
    • Exhibit D – N.H. Public Utilities Commission, April 24th
    • Exhibit E – N.H. Department of Safety, May 8th
    • Exhibit F – N.H. Department of Insurance, May 8th
  • Emergency Order 30, Temporary requirements regarding healthcare provided in alternate settings
  • Emergency Order 31, Establishment of the COVID-19 Long Term Care Stabilization Program
  • Emergency Order 32, Extension of Emergency Orders #1 and #19  (temporary remote instruction and support for public K-12 school districts)
  • Emergency Order 33, Activation of the New Hampshire Crisis Standards of Care Plan
  • Emergency Order 34, Further temporary requirements regarding health insurer coverage of health care services related to the coronavirus
  • Emergency Order 35, An order temporarily waiving the 28-day separation period before a retired public employee can return to work on a part-time basis
  • Emergency Order 36, Ensuring Worker’s Compensation coverage of New Hampshire first responders exposed to COVID-19
  • Emergency Order 37, An order relative to Executive Branch hiring and out-of-state travel
  • Emergency Order 38, Temporary modification of school board and district statutory requirements
  • Emergency Order 39, Temporary allowance for agents to consent to clinical trials
  • Emergency Order 40, Extending and modifying Emergency Order #17 (Closure of non-essential business and requiring Granite Staters to stay at home
    • Exhibit A – List of Essential Services
    • Exhibit B – Universal Guidelines for all New Hampshire Employers and Employees
    • Exhibit C – Guidelines for Businesses, Organizations and Sectors Continuing to Operate
  • Emergency Order 41, Additional Medicaid Eligibility for Uninsured