The Isolation and Quarantine procedures, known as Rule 2.13, were enacted in February.

Under the rule, "whenever appropriate to control the spread of a highly contagious communicable disease, the State Commissioner of Health may issue and/or may direct the local health authority to issue isolation and/or quarantine orders, consistent with due process of law, to all such persons as the State Commissioner of Health shall determine appropriate."

Isolations may include those at home, or in residential or temporary housing, subject to what the public health authority issuing the order determines is "appropriate."

However, the rule notes that "where symptoms or conditions indicate that medical care in a general hospital is expected to be required, the isolation location shall be a general hospital."

Three Republican state legislators, Sen. George Borrello, assemblyman Chris Tague, and assemblyman Michael Lawler, along with Uniting NYS, filed a lawsuit against Democrat Gov. Kathy Hochul, Commissioner of Health Mary Bassett, the state's health department, and the Public Health and Health Planning Council.

Plaintiffs argued that the Isolation and Quarantine procedures were in violation of the New York State Constitution and a violation of the separation of powers.