LITTLE VALLEY — State Sen. George Borrello and fellow plaintiffs have won a lawsuit challenging the constitutionality of a New York State Department of Health regulation on the grounds it violates the separation of powers.
The regulation at issue is 10 NYCRR 2.13, which establishes isolation and quarantine procedures for those who are suspected of having a communicable disease. The proposed regulation was adopted as an emergency regulation on Feb. 22, 2022 and has been renewed at 90-day intervals through July 20, 2022. It has also been published in the New York State Register for permanent adoption through the rulemaking process.
The proposed rule would allow the health department to coordinate with a local health authority to mandate isolation and quarantine for individuals exposed to communicable diseases, even in locations beyond their own homes. The provisions closely resemble the provisions in the controversial Assembly Bill 416, which was proposed prior to the pandemic and never received the legislative support required to move forward.