Reflecting on the September Special Session

October 5, 2021


 
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Dear Neighbor,

By now, over the last week, many of you have taken time to read about, talk through, and sometimes scream into the void (aka social media) about the legislature's votes last Monday and Tuesday to renew the governor’s declarations aka extending the governor's executive authority. We may disagree on the direction taken, but I hope over the past seven days we were able to take a moment to reflect on the words we chose and how the rhetoric employed sometimes crossed a line on how we conduct ourselves and simply understand the world we live in. To continue in this fashion only allows oxygen to flow through ignorance that fuels the fire for misguided agendas and the spread of misinformation. Instead, cooler heads should prevail in an effort to have more substantive dialogues. I’ll start.
 
Warning: There may be a bit of reading.
Silver Lining: No homework, simply information at your fingertips.

The facts:
  • Last Tuesday, Governor Lamont filed a letter with the Secretary of State declaring a public health and civil preparedness emergency.
  • A legislative body consisting of Republican and Democratic leaders had seventy-two hours to take action to disapprove said declaration. Please note, a disapproval MUST be bipartisan.
  • No action was taken by the legislative members above and a special session was convened.
  • Last Tuesday, a majority of members in the Connecticut House of Representatives voted in favor of a resolution approving the governor’s declaration through Feb. 15, 2022.
  • Last Wednesday, a majority of members in the Connecticut Senate voted in favor of the resolution approving the governor’s declaration through Feb. 15, 2022.
  • The declaration permitted the governor’s executive orders noted below.
  • Businesses remain open.
  • Schools remain open.

Below is a summary of the executive orders:

  1. Schools (EO No. 9, Section 1)
    1. Allows the State Department of Education and the Office of Early Childhood to issue guidance or orders (must be followed) for the operation of schools and childcare settings to respond to the COVID-19 pandemic.
  2. Housing (EO No. 7P, Section1)
    1. Allows state agencies to work together to provide or arrange non-congregant housing for people who have a great risk of exposure, transmission, etc. due to their existing housing or work environments. Agencies would then request reimbursement from appropriate federal agencies
  3. Evictions (EO No. 12D)
    1. Gives a tenant 30 days rather than 3 days to resolve the matter.
    2. Directs the courts to suspend an eviction process by 30 days if either the tenant or landlord has applied for relief at UniteCT
    3. Requires landlords submit application to UniteCT even before delivering a notice to quit for nonpayment.
  4. Out of Network Vaccine Shots (EO No. 9Q, Section 3)
    1. Requires out of network carriers to reimburse the providers at the 100% Medicare rate. This prevents overcharging by out-of-network providers.
  5. Municipal or Agency Orders, Contracting (EO No. 14A)
    1. All unexpired guidance, order, rule, regulation, directive issued, unless already terminated or modified, shall remain in effect.
    2. Allows agency heads to waive competitive bidding for essential goods and/or services that must be certified in writing as to why this is essential to respond to the COVID-19 pandemic.
  6. Mask Rule (EO. No. 13A)
    1. 1) Mandates masks for unvaccinated over the age of 1 indoors when the 6-feet social-distancing is not possible and those who do not have a medical exemption; 2) Public Health Commissioner is authorized to require masks in facilities, venues, other locations that she deems necessary regardless of vaccination status; 3) Municipalities are permitted to issue their own mask order for indoor settings; 4) Permits private and public entities to set their own mask rule for locations under their ownership or control.
    2. Update of effective date on legislation that requires testing of nursing home staff.
  7. Long-Term Care staff vaccinations (EO. No. 13F)
    1. Requires these facilities to not hire or employ staff or contractors who are not fully vaccinated, begun the process of being vaccinated, or do not have an exemption.
  8. Vaccine Data (EO No. 13C)
    1. Permits the state Department of Public Health to disclose vaccination status to the vaccinated individual’s health provider. Permits school nurses and local health directors to access status to respond to COVID-19 outbreaks within their jurisdiction. With either of these, the DPH commissioner has the authority to establish the rules for how and when this info is released and for what purpose.
  9. State, School, Childcare employees vaccination (EO No. 13G)
    1. Requires these employees to be vaccinated, with a few exceptions. Employees who are unvaccinated may receive weekly COVID-19 testing or fall under the religious or medical exemption. They may no longer hire or maintain contracts with those who are not fully vaccinated, begun the process of being vaccinated, or do not have an exemption.
  10. Temporary Nurse Aide Program (EO No. 13E)
    1. Authorizes the DPH commissioner to alter the process for temporary hiring policies, training, competency, and scope of practice. Requires institutions hiring these folks to abide by these changes.

That was a lot, I agree, but thank you for making it this far, and as promised, no homework! Hopefully, though, this opens a door to a discussion. 

Connecticut remains a leader for the protection of our collective public health - its vaccination rates for eligible adults are the highest in the nation and daily COVID-19 infection rates are among the lowest. This is not only because a majority of residents banned together for the greater good, but because state leaders made informed decisions quickly. The legislature, unfortunately, is not renowned for its speed. We have public hearings, negotiations, and committee meetings all before just one chamber can vote on proposals, let alone two. The legislative process doesn't end there and requires a final Executive Branch review before the governor can sign a bill into law.

It only takes mere seconds to sign a name, which is a reason why our governor was and continues to be able to maintain a nimble response. This flexibility has allowed our state to experience better health outcomes in an effort to prevent additional residents from senselessly becoming part of Connecticut's weekly death count. Time is of the essence in this fluid situation and while it may sound dramatic, time was not a luxury granted to some of our friends, neighbors, and loved ones.
 
The legislature, on the other hand, was able to take the time, and continues to do so, to ensure our voices are heard. Time spent in make-shift home offices, the Legislative Office Building, and the Capitol speaking with constituents, agency heads, working with legislative liaisons, and receiving feedback from workers on the front lines have provided the background and education needed to make recommendations to the Executive Branch and informed decisions on the House floor. In this case, that decision was to approve the governor’s declarations with the subsequent orders.

It’s important to remember and recognize that the governor doesn’t come up with these on his own. Over the last 18+ months, he and his team and various public health experts have taken the time to hear us (we can be an annoying, persistent bunch at times!), but more importantly, to listen. In short, the legislature, regardless of which side of the aisle we sit on, never stopped working on your behalf and anyone who suggests otherwise is welcome to call me.
 
As we look ahead, cooler temperatures and an increase of indoor gatherings may provide for conditions that lead to yet another wave.  Yes, the COVID-positive number is not the end-all and be-all indicator. Yes, we have a vaccine to essentially guarantee one’s safety. But possibly most importantly, our youngest residents can't access that vaccine and therefore cannot make that choice. So to address unknown challenges and new patterns, all in an effort to ensure our well-being, the executive orders and the governor’s authority will allow our state to continue its rapid and responsible efforts.
 
Please let us know if you’d like to talk or would like additional information on the declaration and executive orders noted above.

Click here to read the governor's announcement of the extended executive orders here.

Sincerely,

Jeff Currey
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