By Matt Hesketh, Sean Moore, and Jonathan Loe

OUTSIDE RESOURCES

• Here is a list of Arizona’s responses to COVID-19.
• The governor’s website has a list of News Releases and Executive Orders related to COVID-19.
• Access the latest updates from the Arizona Department of Health Services here.
• Access Arizona Together’s COVID-19 webpage here, with information and resources for businesses and individuals.
• Access the Arizona Commerce Authority’s COVID-19 webpage for information and resources for businesses. The Arizona Commerce Authority’s COVID-19 Business Resource Guide is available here.
• Access the Greater Phoenix Economic Council’s COVID-19 webpage here, with financial information and other resources for businesses.

EXECUTIVE ORDERS FROM THE GOVERNOR

• On April 29, Governor Ducey issued Executive Order 2020-33 (Extending and Modifying Arizona’s Stay Home, Stay Healthy, Stay Connected Policy)
  • Extends the stay-at-home mandate through May 15, but permits certain non-essential retailers to resume operations in a limited manner based on these guidelines from ADHS.
  • Beginning May 4, retailers not classified as essential under Executive Order 2020-12 may start limited sales of goods for pickup or delivery outside the store.
  • Beginning May 8, these retailers may open stores to customers as long as they establish protocols and implement best practices to address COVID-19, including symptom screening for employees, offering cloth face coverings, strict physical distancing requirements, comprehensive sanitation protocols, options for curbside pickup or delivery, and the closure of fitting rooms and other enclosed areas that do not allow for appropriate physical distancing.
  • Areas where people congregate (such as indoor malls) must still limit operations.  Retailers in such locations that can be accessed only through an entrance inside the shopping mall or other enclosed area must limit sales to delivery, curbside service, or appointment.
  • The exceptions for retailers do not apply to non-essential service providers, including restaurants, bars, movie theaters, and gyms as restricted under Executive Order 2020-09 and the businesses/amenities listed in the Governor’s additional guidance (barbers, hair salons, tattoo parlors, spas, massage therapists and public parks amenities such as basketball courts, communal pools, playgrounds, and restrooms).
  • In a news release and a factsheet, Governor Ducey provided more information about the “gradual, step-by-step approach” to reopening Arizona’s economy. He will be providing additional guidance for restaurants to begin offering dine-in services in May.  He also aims to allow other businesses to reopen through May and June, based on increased testing and public health recommendations.  This slideshow has additional COVID-19 data and information on which businesses remain closed and which businesses are allowed to operate at this time.
  • Click here to read our advisory on the gradual reopening of Arizona’s economy with more information about the modifications to the stay-at-home mandate and considerations for the reopening of businesses. For more information about what Arizona’s stay-at-home mandate allows and prohibits, read our advisory here. Our advisory on the definition of Essential Services is available here.
• On April 22, Governor Ducey issued Executive Order 2020-32 (Resuming Elective Surgeries):
  • Allows hospitals, healthcare facilities, medical providers, and dental offices to apply for approval from ADHS to resume elective surgeries that were delayed under Executive Order 2020-10.
  • Providers that receive approval may resume elective surgeries on May 1 and must retain any records related to the approval for one year.
  • The process for applying is available on the ADHS website here. ADHS also issued an informational factsheet available here.
  • Click here to read our advisory with a summary of several key takeaways and steps healthcare providers and dental facilities should take when resuming elective surgeries.
    • Public health guidance for healthcare providers is available on the ADHS website here and here and on the CDC website here and here.
    • Public health guidance for dental facilities is available on the CDC website here and here.
    • The CDC’s healthcare provider checklist is available here.
    • ADHS has issued preparedness letters to hospitals and primary care providers.
• On April 15, Governor Ducey issued Executive Order 2020-31 (Food Truck Permits for Rest Stops):
  • Requires the Arizona Department of Transportation (ADOT) to issue no-fee permits to licensed mobile food vendors (food trucks) to provide take-away food at state rest areas.
  • Information on how to apply is available here.
  • ADOT will notify vendors of the specific locations and times where these services may be provided. The following stops are currently recognized:
    • (1) Sunset Point and (2) Christensen along I-17
    • (3) Haviland, (4) Parks, and (5) Meteor Crater along I-40, and
    • (6) Ehrenberg, (7) Burnt Wells, and (8) Sacaton along I-10
  • Vendors are still bound by all federal, state, and local laws, rules, and regulations, CDC social distancing standards, and any additional requirements issued by ADOT’s director to ensure operations carried out under this order are safe.
• On April 14, Governor Ducey issued Executive Order 2020-30 (Additional Enhanced Surveillance Advisory):
  • Allows data-sharing with certain public officials to provide emergency first-responders with information that may prevent or lessen the risk of exposure to COVID-19.
  • Allows ADHS and local health authorities to disclose the address, but no other identifying information, where someone has tested positive for COVID-19 within the last 14 days, subject to recordkeeping and privacy requirements. The information must be maintained as confidential and communicated only through secure means.
  • Allows the receiving public officials to use the information as necessary for emergency call responses.
  • Imposes further reporting requirements on hospitals in addition to the requirements previously imposed by Executive Order 2020-23 (Enhanced Surveillance Advisory) and Executive Order 2020-13 (Enhanced Surveillance Advisory).
  • The requirements of the order may be revised at any time by the ADHS director and shall expire within 60 days unless reissued.
• On April 14, Governor Ducey issued Executive Order 2020-29 (Increased Telemedicine Access for Workers’ Compensation):
  • Requires the Special Fund and state-regulated workers’ compensation insurance and self-insurance plans to:
    • Provide coverage for telemedicine services
    • Allow telemedicine to be delivered by any electronic means and to be received in a patient’s home
    • Establish reasonable requirements for telehealth services, such as recordkeeping, that are not more restrictive than requirements for in-person services
    • Refrain from requiring an injured worker to submit to in-person treatment or examination except to investigate alleged fraud, with prior Industrial Commission (IC) approval
  • Prohibits regulatory boards from enforcing any statute, rule, or regulation that requires an in-person exam of an injured worker before issuing a prescription.
  • Allows the IC to defer certain exam and assessment payment deadlines and to waive late-payment penalties and interest.
  • This order is effective until the March 11 Declaration of Public Health Emergency has expired.
• On April 14, Governor Ducey issued Executive Order 2020-28 (Licensing for Assisted Living Caregivers):
  • Allows assisted living caregivers to be certified by completing 62 hours of on-the-job training that meets certain requirements as an alternative to completing training programs that are not being offered during the COVID-19 pandemic.
  • Requires caregivers to obtain fingerprint clearance cards.
  • This order is effective until further notice but will be reconsidered every two weeks.
• On April 9, Governor Ducey issued Executive Order 2020-27 (Protection for Good Samaritans):
  • Provides civil liability immunity for licensed EMTs and certain licensed and volunteer healthcare professionals who provide medical services in connection with the COVID-19 public health emergency.
  • Provides civil liability immunity to certain healthcare institutions and treatment facilities for triage decisions and acts or omissions while providing medical services in connection with the COVID-19 public health emergency, as long as those acts were undertaken in good faith or in good faith reliance upon state-approved protocols for COVID-19.
  • Does not provide immunity for gross negligence or reckless or willful misconduct.
  • The order expires on June 30 unless extended.
• On April 8, Governor Ducey issued Executive Order 2020-26 (Remote Online Notarization):
  • In 2019, the legislature passed SB1030, adding A.R.S. §§ 41-371 through -380 and providing for remote online notarization in Arizona, effective July 1, 2020.
  • Provides for remote notarization in accordance with A.R.S. §§ 41-371 through -380 to begin effective April 10, 2020.
  • Notaries must still follow the statutes and the rules promulgated thereunder (available here).
  • The Secretary of State’s office will accept applications on its website, beginning April 10.
• On April 7, Governor Ducey issued Executive Order 2020-25 (Flexibility for Restaurants):
  • Allows restaurants to repackage and sell grocery items, including but not limited to paper goods, cleaning supplies, prepared food in bulk, meat, and vegetables, whether or not those items are raw or are normally packaged for resale, as long as certain conditions in the order are followed.
  • Items shall be sold in the original packaging where feasible, and restaurants shall maintain information necessary for traceability of foods where not possible.
  • Restaurants must be allowed to place temporary signage indicating that they are open, have delivery, drive-through or carryout available, or have other items for sale. Any restrictions on such signage, other than those necessary for safety, are suspended.
• On April 7, Governor Ducey issued Executive Order 2020-24 (Quarantine Guidelines for Out-of-State Travelers):
  • Anyone who travels to Arizona from an area with substantial community spread through any airport must isolate or quarantine upon arrival for 14 days. Travelers subject to the order are responsible for all costs associated with the isolation/quarantine and must refrain from isolating/quarantining with nontraveling family and friends.
  • Areas of substantial community spread include but are not limited to New York, New Jersey, and Connecticut.
  • The order does not apply to airline employees, military personnel, healthcare workers, human services personnel, workers conducting essential infrastructure operations, and workers providing essential governmental functions.
  • Under A.R.S. §§ 26-316 and 26-317, law enforcement may enforce the order and violators may be charged with a Class 1 misdemeanor and subject to a fine of up to $2,500.
• On April 7, Governor Ducey issued Executive Order 2020-23 (Enhanced Surveillance Advisory):
  • Increases Arizona Department of Health Services (ADHS) and local health authority access to confidential patient information in connection with Executive Order 2020-13.
  • Requires hospitals to report certain important information relating to inventory and patient numbers to ADHS every 24 hours.
  • Requires ADHS and local health authorities to share resources to the extent possible.
• On April 7, Governor Ducey issued Executive Order 2020-22 (Protection of Vulnerable Residents at Certain Facilities):
  • Applies to nursing care institutions, residential care institutions, intermediate care homes for individuals with intellectual disabilities, and medical group homes for individuals with developmental disabilities.
  • Facilities must ensure compliance with guidance from the CDC and CMS, including hand hygiene protocols.
  • Requires all staff to use appropriate personal protective equipment (PPE).
  • Facilities must implement symptom checks for those entering the facility and must offer electronic communication if visitation is restricted.
  • Facilities must separate residents who have COVID-19 from those who don’t and use separate staff teams to serve each group.
  • Facilities must develop procedures for the safe admission of residents discharged from an acute care hospital without requiring a negative COVID-19 test, and quarantining should be used for patients who have tested positive or whose status is unknown.
  • Imposes additional reporting requirements consistent with Executive Order 2020-23.
• On April 6, Governor Ducey issued Executive Order 2020-21 (Prohibiting Small Business Evictions). Click here to read our advisory with more details on these important tenant protections.
• On April 2, Governor Ducey issued Executive Order 2020-20 (Expanding Access to Pharmacies):
  • Allows pharmacists to exercise professional judgment to interchange therapeutically equivalent medications of the same drug classification and to dispense emergency refills of maintenance medication for up to a 90-day supply and an additional 90-day supply if necessary (controlled substances are not “maintenance medications” under the order).
  • Waives or extends certain recordkeeping and electronic prescribing requirements.
  • Imposes restrictions and limits on prescriptions of hydroxychloroquine and chloroquine to treat COVID-19, including prohibiting prophylactic prescriptions until peer-reviewed evidence for effectiveness becomes available.
  • Allows pharmacies and wholesalers to source pharmaceuticals from unpermitted out-of-state suppliers who have certain licenses or registrations.
  • Waives the requirement for companies to have a permit to produce hand sanitizer.
• On April 1, Governor Ducey issued Executive Order 2020-19 (Telemedicine for Pets and Animals):
  • Authorizes the use of telemedicine by licensed veterinarians in Arizona while the COVID-19 Declaration of Public Health Emergency is in effect.
  • The practice of telemedicine is subject to any reasonable requirements established by the Arizona State Veterinary Medical Board.
  • Veterinarians may not charge more for telemedicine than they would charge for an in-person visit
• On March 30, Governor Ducey issued Executive Order 2020-18 (Stay Home, Stay Healthy, Stay Connected):
  • ***UPDATE*** On April 29, Governor Ducey issued Executive Order 2020-33, which generally extends the stay-at-home mandate under Executive Order 2020-18 through May 15, but permits certain non-essential retailers to resume operations in a limited manner.  The cumulative effect is summarized above in connection with Executive Order 2020-33.  Also read our advisory here.
• On March 26, Governor Ducey issued Executive Order 2020-17 (Delaying Expiration of Occupational Licenses and Expanding Licensing Opportunities):
  • For certain occupational licenses with an expiration date between March 1 and September 1, defers the expiration date by six months unless the renewal can be completed online.
  • Defers continuing educations requirements by six months unless the requirements can be completed online or deferral is impractical due to the nature of the license.
  • Suspends rules that prevent or limit the amount of online or alternative hours to obtain or renew a license.
  • Encourages electronic or remote format examinations for licensure.
  • Allows for a six-month provisional license if testing is unavailable or impracticable and other requirements are met.
  • Fees may be waived at the discretion of the applicable state agency or board.
  • NOTE: The order contains a list of applicable licensing boards and agencies.
• On March 26, Governor Ducey issued Executive Order 2020-16 (Increasing Hospital Capacity for COVID-19 Preparedness):
  • All licensed hospitals shall activate their facility emergency plans and institute plans to optimize staffing levels.
  • All licensed hospitals shall implement triage processes and develop triage criteria to relieve the excess burden on emergency departments and to reroute noncritical patients to other providers.
  • Except for special hospitals providing only psychiatric services, all hospitals shall develop a plan for a 25 percent increase in bed capacity by April 10 and a 50 percent increase in bed capacity by April 24.
  • Except for special hospitals providing only psychiatric services, all hospitals shall make a report to ADHS regarding certain bed-capacity metrics.
  • Hospitals that provide pediatric services must admit patients up to age 21.
  • Any hospital that needs a waiver to meet the requirements of the order must communicate with ADHS.
  • AHCCCS benefits must be made available for all services provided to AHCCCS members in the expanded surge-capacity beds.
  • Insurers must reimburse for services provided in the expanded surge-capacity beds at the same level as they would for inpatient stay and services in a licensed and/or certified bed.
• On March 25, Governor Ducey issued Executive Order 2020-15 (Expanding Insurance Coverage for Telemedicine):
  • All health insurance plans regulated by the Arizona Department of Insurance must cover all telemedicine healthcare services if the healthcare service would be covered through an in-person visit.
  • Arizona Health Care Cost Containment System (AHCCCS) benefits must be accessible by telemedicine to AHCCCS members.
  • Insurers must reimburse providers at the same level for telemedicine visits as they would for in-person visits.
  • Insurers may establish reasonable documentation and recordkeeping requirements, but any requirements and parameters cannot be more restrictive or less favorable to providers, the insured, enrollees, or members than required for in-person healthcare.
  • Insurers must allow all electronic means of delivering telehealth, including phone and video calls, and must allow a patient’s home to be an approved location to receive telemedicine services.
  • Arizona regulatory boards may not require licensed medical professionals to conduct in-person examinations before issuing a prescription.
  • Telehealth services can be provided by any Arizona licensed health provider type.
  • NOTE: This order does not expand the scope of practice for any licensed provider type.
  • NOTE: This order remains in effect until the Declaration of Public Health Emergency is terminated.
• On March 24, Governor Ducey issued Executive Order 2020-14 (Delaying Residential Evictions):
  • Delays evictions for residential premises in the following circumstances:
    • The tenant is required or ordered to be quarantined because of a COVID-19 diagnosis or symptoms associated with COVID-19.
    • The tenant is required to be quarantined because someone in the home has been diagnosed with COVID-19.
    • The tenant is at a higher risk related to COVID-19 because of a health condition.
    • The tenant has suffered a substantial loss of income because of COVID-19, including job loss, reduction in compensation, closure of business, absence from work because of childcare responsibilities or other pertinent circumstances.
  • However, a court may determine that more immediate enforcement of an eviction order is necessary in the interest of justice or in accordance with A.R.S. § 33-1368(A) (dealing with material and irreparable breaches of a rental agreement).
  • Tenants must inform the landlord or property owner in writing and provide supporting documentation of the circumstances that would allow for relief under the order. The tenant also must acknowledge that the contractual terms of the lease remain in effect.
  • A landlord or property owner may not terminate a lease based on COVID-19 or information provided by a tenant to satisfy the notice requirement of the order.
  • The order does not relieve tenants of the obligation to pay rent or comply with any other obligation of the rental agreement.
• On March 23, Governor Ducey issued Executive Order 2020-13 (Coordinating the Testing and Tracking of COVID-19 Cases):
  • Issues an Enhanced Surveillance Advisory allowing the Arizona Department of Health Services (ADHS) and local health authorities to access confidential patient information, including medical records, to identify, diagnose, treat, and track people who may have been exposed to COVID-19.
  • Requires laboratories to report COVID-19 test results to ADHS and requires hospitals to make daily reports with information about treatment capacity and available medical supplies.
  • The Arizona State Laboratory shall coordinate specimen testing related to COVID-19, and ADHS shall determine criteria necessary for private and public laboratories to conduct COVID-19 testing.
• On March 23, Governor Ducey issued Executive Order 2020-12 (Prohibiting the Closure of Essential Services):
  • Broadly defines “essential services” in Arizona and precludes counties, cities, and towns from closing essential businesses or issuing stay-at-home orders that conflict with guidance from the state.
  • Click here to read our advisory with more information about the definition of essential services and the continued operation of essential businesses.
  • Click here to read clarifying guidance from the governor’s office on which services are considered essential.
  • *** UPDATE *** On April 3, Governor Ducey announced additional guidance on the list of essential services. The following businesses and amenities are not considered essential services and must cease operations consistent with the Stay-at-Home mandate in Executive Order 2020-18:
    • Barbers, cosmetology and hairstyling salons, nail salons, aesthetic salons, tanning salons, tattoo parlors, spas, massage therapists.
    • Amenities at public parks that do not allow for recommended physical distancing, such as basketball courts, splash pads, playgrounds, and public restrooms — but public parks should remain open to the greatest extent possible.
    • Communal pools at hotels, condominiums, apartments, and parks.
    • Swap meets.
• On March 20, Governor Ducey issued Executive Order 2020-11 (Expanding Unemployment Insurance and Waiving Certain Requirements):
  • Expands unemployment insurance to employees who:
    • Worked for a company that has permanently or temporarily closed or drastically reduced its hours as a result of COVID-19.
    • Have been quarantined and are unable to work but do not have available paid leave.
    • Leave employment due to the risk of exposure to COVID-19 or to care for a family member who has been infected with COVID-19.
    • Are separated from employment for any other reason related to COVID-19, if the Arizona Department of Economic Security determines that such scenario is consistent with guidance from the United States Department of Labor.
  • Waives the waiting period under A.R.S. § 23-771(A)(5).
  • Waives requirements that applicants show they are able and available to work, actively seeking work, and making daily job contacts.
  • Unemployment benefits granted pursuant to this executive order cannot be considered when adjusting employer contribution rates for the unemployment compensation fund.
  • Applies retroactively to the Declaration of Emergency on March 11.
• On March 19, Governor Ducey issued Executive Order 2020-10 (Delaying Elective Surgeries):
  • • UPDATE: On April 22, Governor Ducey issued Executive Order 2020-23, which allows medical providers and dental facilities that meet certain preparedness criteria to resume elective surgeries beginning on May 1.
  • Precludes licensed healthcare facilities and providers from performing “non-essential or elective surgeries, including elective dental surgeries, that utilize personal protective equipment or ventilators.”
    • A “non-essential or elective surgery means a surgery that can be delayed without undue risk to the current or future health of a patient.”
    • Licensed medical professionals must “use their best medical judgment” when determining whether a surgery is non-essential or elective.
    • Surgeries should not be deemed non-essential or elective if delaying surgery would:
      • Threaten the patient’s life
      • Threaten permanent dysfunction or impairment of any body part
      • Risk metastasis or progression of staging
      • Require the patient to remain hospitalized if the surgery was delayed
• On March 19, Governor Ducey issued Executive Order 2020-09 (Closing Certain Businesses):
  • The following establishments must close to the public until further notice:
    • Bars
    • Movies theatres
    • Indoor gyms and fitness clubs
  • Restaurants must stop on-site dining until further notice but may continue to serve food through delivery/take-out/drive-through.
  • Restaurants with a Series 12 liquor license may sell alcoholic beverages for off-site consumption, subject to certain requirements. The Arizona Department of Liquor Licenses and Control has issued guidance on these requirements, available here.
  • Allows manufacturers, wholesalers, and retailers to buy back unopened products from restaurants, bars, and clubs.
  • Under Executive Order 2020-25, restaurants were given additional flexibility to repackage and sell certain groceries and other goods.
  • Permits nursing homes, hospitals, and similar facilities (like soup kitchens) to keep operating as normal.
• On March 19, Governor Ducey issued Executive Order 2020-08 (Delaying Expiration of Driver Licenses):
  • Delays by six months the expiration of driver licenses that would expire between March 1 and September 1.
  • Defers requirements to submit a medical clearance card for a CDL until September 1.
  • Directs that driver licenses that expire between March 1 and September 1 shall be accepted as valid whether or not they have expired.
• On March 11, Governor Ducey issued a Declaration of Emergency and Executive Order 2020-07 in response to the COVID-19 pandemic:
  • Requires insurance companies and health plans to cover COVID-19 diagnostic testing from out-of-network providers, including out-of-plan laboratories and telemedicine providers.
  • Waives copays, coinsurance, and deductibles related to COVID-19 diagnostic testing and decreases copays for telemedicine visits.
  • Implements consumer protections, including prohibiting price-gouging on COVID-19 diagnosis and treatment-related services.
  • Requires symptom checks of healthcare workers and visitors at skilled nursing facilities, nursing homes, and assisted living facilities.
  • For additional information, see the Governor’s official News Release.

LEGISLATION

• State Budget for FY 2021
  • See the Governor’s accompanying letter here.
  • Appropriates $50 million for a Crisis Contingency and Safety Net Fund to assist Arizona’s COVID-19 response to be used for the following purposes:
    • Housing assistance, including payments to prevent eviction or foreclosure
    • Assistance to entities that provide services for homeless persons, including shelter, food, clothing, and transportation
    • Economic assistance to small businesses with fewer than 50 employees, nonprofit organizations, and health care providers
    • Foodbank operations
  • On March 30, Governor Ducey announced that $6.7 million of the Crisis Contingency and Safety Net Fund would be used to support food banks, nutrition programs, and services to help the homeless community.
  • On April 7, Governor Ducey announced that $2 million of the Crisis Contingency and Safety Net Fund would be used to provide assistance to Goodwill.
• HB 2910 – Public School Closures; Coronavirus
  • Closes public schools until the statewide closure of public schools is lifted. Note that on March 30, Governor Ducey and Superintendent Hoffman announced that schools will remain closed through the remainder of the 2019-2020 school year.
  • All school employees will continue to be paid during the closure.
  • Beginning on March 30, schools are required to offer instruction through “alternative formats” (online) through the end of the school year.
  • Allows schools to deviate from normal statutory requirements during the closure period. Schools are not required to extend the number of school days or add additional instructional hours to make up for days missed.
• SB 1051 – Continuation of the Arizona Department of Health Services
  • Extends the operation of the Arizona Department of Health Services (ADHS) for eight years, until July 1, 2028.
  • Appropriates $5 million in FY 2020 to the Public Health Emergencies Fund.
  • Appropriates up to an additional $50 million in FY 2020 to the Public Health Emergencies Fund and specifies that appropriated monies must be used in response to COVID-19.
• SB 1694 – Unemployment Compensation; Coronavirus Disease
  • Permits the Arizona Department of Economic Security (ADES) to create and implement alternative benefit eligibility and employer contribution requirements for unemployment benefits.
  • The bill is intended to “provide additional resources and flexibility for the unemployment insurance program for individuals and businesses affected by COVID-19,” specifically, to waive the waiting period and other requirements before applicants may receive benefits and to lessen the burden of funding unemployment benefits on employers directly impacted by COVID-19.

ATTORNEY GENERAL OPINIONS

• March 31, 2020 – Opinion No. I20-006: Local governments have the authority to issue emergency declarations, and anyone who knowingly refuses to obey a local emergency declaration is guilty of a class 1 misdemeanor.  Law enforcement authorities have the authority to enforce restrictions and regulations imposed by a local emergency declaration, but such enforcement must maintain constitutional safeguards that protect individual rights and fundamental liberties.

COVID-19 INITIATIVES

• May 1, 2020:  Governor Ducey and ADHS announced public health guidelines for the reopening of retail establishments.
• May 1, 2020:  Governor Ducey provided information about employment opportunities in Arizona in connection with the reopening of Arizona’s economy.
• April 29, 2020:  Governor Ducey provided additional information about the plan to reopen Arizona’s economy in this factsheet and slideshow.  He plans to provide additional guidance during the week of May 4 that will allow restaurants to begin offering dine-in services in May.  He also plans to allow other businesses to reopen through May and June.
• April 27, 2020:  Governor Ducey announced steps taken by the Arizona Health Care Cost Containment System (AHCCCS) to help address the COVID-19 public health emergency.  Additional information is available on the AHCCCS website here and here.
• April 27, 2020:  Governor Ducey announced that Arizona would be expanding COVID-19 testing.  Walgreens is offering drive-through COVID-19 testing, and the Arizona State University Biodesign Institute is offering drive-through testing for first responders and hospital personnel.  Banner Health has launched drive-through testing sites in Phoenix and Tucson and will be opening a COVID-19 diagnostic testing site at the Arizona State Fairgrounds in Phoenix.  Sonora Quest will begin offering antibody testing, and the University of Arizona will provide antibody tests to 250,000 healthcare workers and first responders.
• April 27, 2020:  Governor Ducey and ADHS announced a “testing blitz” to increase statewide COVID-19 testing.  The Arizona Testing Blitz aims to provide 10,000-20,000 tests every Saturday for three consecutive weeks, beginning Saturday, May 2.  Information about testing locations and hours of operation is available here.
• April 22, 2020: Governor Ducey provided updates on COVID-19 data and developments and plans for reopening the economy.  A slideshow with additional information is available here.
• April 22, 2020: Governor Ducey announced that some National Parks in Arizona would reopen on April 24.
• April 21, 2020: Governor Ducey announced efforts to provide PPE and other supplies to frontline workers and detailed donations from community and business leaders.
• April 21, 2020: Governor Ducey announced federal approval for the Arizona Department of Economic Security to provide Pandemic School Meal Replacement Benefits to households with children eligible for free or reduced-price school meals. Eligible SNAP households also will receive the maximum benefits allotted for April and May under the Families First Coronavirus Response Act.  Other changes include waiving interview requirements, temporarily suspending work requirements, and allowing online purchases.
• April 14, 2020: Governor Ducey asked business leaders and tourism-lodging leaders for recommendations on how to accelerate economic recovery.
• April 14, 2020: Governor Ducey and the University of Arizona partnered to test for COVID-19 antibodies in 250,000 healthcare professionals and first-responders. The state and the university are working to get federal approval for the testing.
• April 10, 2020: Governor Ducey announced that 100 additional ventilators would be shipped to Arizona from the Strategic National Stockpile.
• April 9, 2020: Governor Ducey announced the reopening of St. Luke’s Medical Center in Phoenix, with 339 ICU high-acuity beds, to serve as overflow capacity for Arizona hospitals.
• April 9, 2020: Governor Ducey announced the expansion of certain benefits of the Supplemental Nutrition Assistance Program (SNAP), including that SNAP benefits may be used for online food purchases with Walmart and Amazon.
• April 8, 2020: Governor Ducey announced that the Arizona Department of Economic Security was awarded $9.8 million in funding from the federal government for The Emergency Food Assistance Program (TEFAP) to provide food and nutritional assistance to low-income individuals and seniors. For more information about TEFAP, click here.
• April 8, 2020: Governor Ducey announced that the Arizona Health Care Cost Containment System will make available more than $50 million in accelerated hospital payments and advances and extend an additional $5 million in new COVID-19-related funding to Critical Access Hospitals throughout the state. A Critical Access Hospital is a rural acute care hospital located more than a 35-mile drive from any other hospital.
• April 8, 2020: Governor Ducey provided guidance and information on how to apply for unemployment benefits, which have been expanded in connection with COVID-19.
• April 7, 2020: Governor Ducey announced new guidelines issued by the Arizona Department of Transportation that allow commercial trucks to operate with gross weights up to 90,000 pounds without overweight permits (a 10,000-pound increase) for vehicles assisting with COVID-19 relief efforts, including carrying medical supplies, supplies for community safety, and food and household items for emergency restocking of stores.
• April 4, 2020: President Trump approved Arizona’s request for a Presidential Major Disaster Declaration. The declaration makes available additional federal assets and resources to aid Arizona’s COVID-19 response efforts.
• April 3, 2020: Governor Ducey announced the launch of the Arizona Enrichment Centers starting on April 6 to offer child care for children of first responders, critical healthcare workers, and essential public sector workers, including child safety workers.
• March 31, 2020: Gov. Ducey announced that the Arizona Department of Liquor Licenses and Control would defer payment of all liquor licensing fees for 90 days.
• March 30, 2020: Governor Ducey announced a cooperative agreement with Arizona banks to suspend evictions and foreclosures for 60 days and to expedite the application process for small businesses and sole proprietors affected by COVID-19 to obtain assistance as part of the federal Paycheck Protection Program under the CARES Act. Sherman & Howard’s advisory regarding the Paycheck Protection Program is here.
• March 27, 2020: Governor Ducey announced $5 million from the State Housing Trust Fund to help make rent payments for certain residential renters who have seen a reduction in income due to COVID-19. This Rental Eviction Prevention Assistance Program launched on March 30 through the Arizona Department of Housing. Applications for assistance are available at https://www.saveourhomeaz.gov/ra/.
• March 26, 2020: Governor Ducey announced a cooperative agreement with Arizona’s major electric utilities—including Arizona Public Service (APS), Salt River Project (SRP), Tucson Electric Power (TEP), and six electric cooperatives—to assist customers during the COVID-19 crisis. Customers will not have their power shut off, and all penalties, late fees, and interest are waived. In addition, the utilities will work with customers and medical service providers to ensure energy needs are met.
• March 24, 2020: Governor Ducey notified the Center for Medicare and Medicaid Services (CMS) of his decision to exempt Arizona from a federal regulation requiring Certified Registered Nurse Anesthetists (CRNAs) to be supervised by a physician.
• March 20, 2020: The Arizona Department of Revenue issued Arizona General Tax Notice GTN 20-1, under which the due dates for reporting and paying Arizona individual, corporate, and fiduciary income taxes for Calendar Year 2019 are extended to July 15, 2020.

ARIZONA DEPARTMENT OF HEALTH SERVICES

• Latest updates here.
• The Arizona Poison Control System is available to answer questions about COVID-19 (844.542.8201).
• ADHS fact sheet for businesses.
• On April 3, ADHS recommended that individuals should consider wearing nonmedical cloth face coverings in public settings where other physical distancing measures are difficult to maintain. Cloth face coverings should not be used by children under two years old, anyone who has trouble breathing, or anyone who has trouble removing the covering without assistance
• See our advisory on ADHS recommendations for employers here.

CITY OF PHOENIX

• Public Transportation limitations in response to COVID-19 are outlined here and here.
• Information about heat relief efforts in light of COVID-19 is available here.
• Senior Centers are still providing crucial services despite temporary closures in response to COVID-19.

Sherman & Howard gratefully acknowledges the assistance of Extern Law Clerk Jake Rapp in preparing this memorandum.

©2020 Sherman & Howard L.L.C. has prepared this newsletter to provide general information on recent legal developments that may be of interest. This advisory does not provide legal advice for any specific situation and does not create an attorney-client relationship between any reader and the firm.

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