This Executive Order permits certain hospitals in certain New York State counties to begin performing non-essential, i.e., elective, surgeries. The criteria consists of the following:

• Eligible counties where non-essential surgeries can be performed must have total available inpatient and ICU capacity of over 30% with a total change in number of hospitalized COVID-19 positive patients during the period of April 17 – April 27 of less than ten.
• For each hospital within an eligible county, the hospital must meet the numerical criteria set forth above.
• General hospitals not meeting the criteria may seek a waiver from the New York State Department of Health (“DOH”) by submitting a plan.
• DOH shall issue guidance for non-essential surgeries that will require all pre-operative patients to test negative for COVID-19.

Here is a list of eligible counties: Allegany, Broome, Cattaraugus, Chautauqua, Chenango, Delaware, Dutchess, Essex, Franklin, Fulton, Genesee, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Putnam, Saratoga, Schoharie, Schuyler, St. Lawrence, Steuben, Sullivan, Tompkins, Ulster, Wayne, Wyoming and Yates.

Read the full order here