The New York State Department of Health has issued the following interpretative guidance:

The March 23 and April 4 directives to suspend all non-essential elective surgeries and non-urgent procedures did not preclude general hospitals, ASCs, OBSs and D&TCs from performing certain surgeries and procedures related to the diagnosis of cancer (e.g., lumpectomies, biopsies), the treatment of intractable pain, or other diagnostic or treatment services for highly symptomatic patients.

The Department considers such surgeries or procedures to be "Tier 3a" as defined by CDC rules for urgent and emergency surgeries and procedures (see Attachment A).

Therefore, such surgeries or procedures should not be postponed or otherwise delayed, and should be scheduled and performed in accordance with the medical judgment of the treating physician. This interpretative guidance is applicable to all general hospitals, ASCs, OBS practices, and D&TCs in 811 counties of the State.

Read the full directive here