New Jersey Businesses Required to Report PPE Inventory Under Executive Order No. 109

Last updated March 26, 2020

On March 23, 2020, New Jersey Governor Phil Murphy signed Executive Order No. 109, with a top-line directive geared toward the suspension of all elective surgeries and invasive procedures performed on adults scheduled to take place after 5:00 p.m. on Friday, March 27, as part of the State’s effort to preserve the capacity of its healthcare system in response to COVID-19.

However, an easily overlooked provision within the Order states that any business, non-hospital healthcare facility or institution of higher learning in possession of personal protective equipment (PPE), ventilators, respirators or anesthesia machines not required for the provision of critical healthcare services should undertake an inventory of these supplies and report that information to the State via by 5:00 p.m. on Friday, March 27, 2020.

Note that the Order uses the term “should,” suggesting this reporting is not mandatory. However, it is our understanding the State is taking the position that this reporting is required.

For additional information pertaining to the coronavirus outbreak, please visit CSG’s COVID-19 Resource Center.

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