1. Based upon your previous experience as a pool operator, how often do you think pool lifts would be used in your business?

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1 Pool Lifts 1. Based upon your previous experience as a pool operator, how often do you think pool lifts would be used in your business? Percent Count Daily 0.0% 0 Weekly 0.0% 0 Monthly 3.8% 1 Once every three months 7.7% 2 Once every six months 3.8% 1 Once a year 19.2% 5 Other 65.4% 17 Other (please specify) 20 answered question 26 skipped question 1 2. In your past experience how many requests/inquiries have been made asking if your facility has a pool lift? Count 27 answered question 27 skipped question 0 1 of 33

2 3. What, if any unintended consequences do you foresee occurring due to mandatory enforcement of pool lifts? (Please select all that apply) Percent Count Additional insurance coverage 77.8% 21 Full-time lifeguard 55.6% 15 Injury from unintended use by children 92.6% 25 Other 59.3% 16 Other (please specify) 17 answered question 27 skipped question 0 4. What would the costs of complying with mandatory enforcement of pool lifts mean to your business? Count 26 answered question 26 skipped question 1 5. Please feel free to share any additional comments or concerns you may have. Count 17 answered question 17 skipped question 10 2 of 33

3 6. What are your gross annual business receipts? Percent Count Over $1,000, % 1 Under $1,000, % 25 answered question 26 skipped question 1 7. How many employees does your Campground/RV Park employ at any time during the year? Percent Count Less than % or More 3.8% 1 answered question 26 skipped question 1 8. In your past experience how many requests/inquiries have been made asking if your facility has a pool lift available? Count 27 answered question 27 skipped question 0 3 of 33

4 9. If you have identified one or more fixed lifts for purchase, has the supplier informed you of how soon the lifts can be delivered? Count 18 answered question 18 skipped question Have you identified a contractor to install your fixed lifts? Percent Count Yes 3.8% 1 No 96.2% 25 answered question 26 skipped question What is your understanding of the steps involved with installing a fixed lift (including how much time each step will take) and were does that understanding come from? Count 17 answered question 17 skipped question 10 4 of 33

5 12. How much of your pool deck will be demolished in order to install a fixed pool lift and what is the basis for that understanding? Count 19 answered question 19 skipped question Have you encountered situations when installing a fixed lift is not technically possible? Please describe those. Count 15 answered question 15 skipped question Would you feel comfortable making a determination about whether installing a fixed pool lift at your pool or spa is "readily achievable"? If not, whose assistance would you seek to help you make this determination? Count 17 answered question 17 skipped question 10 5 of 33

6 15. Has your insurer expressed any concern about installing fixed lifts at your pools and spas? If so, what has been the nature of the concern expressed? Count 18 answered question 18 skipped question Has your insurer stated whether your premiums will go up or if your swimming pool will no longer be covered by insurance? Percent Count Yes 0.0% 0 No 100.0% 21 answered question 21 skipped question 6 6 of 33

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8 Q1. Based upon your previous experience as a pool operator, how often do you think pool lifts would be used in your business? 1 when hell freezes over Mar 24, :29 AM 2 close to never Mar 23, :35 AM 3 never asked about a pool lift no need to have one Mar 22, :15 PM 4 have had 1 coustomer in the last 3 years with a wheel chair at the pool and she wanted no help she uses her family as her help where ever she goes Mar 22, :18 PM 5 Only twice in 8 years Mar 22, :50 AM 6 None! We are not a handicap accessible facility! We have never had a handicap person even make a reservation request. Mar 21, :08 PM 7 have never had any stay that needed assistance Mar 21, :46 AM 8 Never Mar 21, :34 AM 9 In 17 years, we've never had a request for a pool lift or assistance. Mar 21, :31 AM 10 We've never had a request for one, so the frequency of use would be less than once a year. Mar 21, :29 AM 11 have had no request made for assistance in 12 years Mar 21, :58 AM 12 some of our pools are open less than 10 weeks a year Mar 21, :53 AM 13 In 7 years we have had 2 people in wheel chairs neither of whom wanted to use the pool! Mar 21, :29 AM 14 I think it would never get used. Mar 20, :18 PM 15 Never had the need for a lift - Open for 11 Seasons Mar 20, :26 PM 16 or never Mar 20, :12 PM 17 less than once a year as we have never had a person that would require a lift in our pool since the day we opened it Mar 20, :01 PM 18 have never had a request for a pool lift Mar 20, :36 PM 19 Never- In 7 years, I have not had one person in a wheelchair come camping or want to enter my pool Mar 20, :34 PM 20 never had a request Mar 20, :25 PM 8 of 33

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10 Q2. In your past experience how many requests/inquiries have been made asking if your facility has a pool lift? 1 never Mar 24, :29 AM 2 never in 40 years of operations -we have easy access stairs Mar 23, :35 AM 3 none Mar 22, :15 PM 4 none Mar 22, :18 PM 5 0 Mar 22, :41 AM 6 None Mar 22, :50 AM 7 None Mar 21, :08 PM 8 None Mar 21, :24 AM 9 None Mar 21, :24 AM 10 none Mar 21, :38 AM 11 none Mar 21, :46 AM 12 None Mar 21, :34 AM 13 None Mar 21, :31 AM 14 none Mar 21, :29 AM 15 one Mar 21, :05 AM 16 none Mar 21, :58 AM 17 Never in 46 years of business and 5 pools Mar 21, :53 AM 18 0 Mar 21, :29 AM 19 0 Mar 20, :18 PM 20 0 Mar 20, :34 PM 21 None Mar 20, :26 PM 22 none Mar 20, :12 PM 23 none Mar 20, :11 PM 24 none ever Mar 20, :01 PM 25 none Mar 20, :36 PM 26 None Mar 20, :34 PM 10 of 33

11 Q2. In your past experience how many requests/inquiries have been made asking if your facility has a pool lift? 27 0 Mar 20, :25 PM 11 of 33

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13 Q3. What, if any unintended consequences do you foresee occurring due to mandatory enforcement of pool lifts? (Please select all that apply) 1 all of the above Mar 24, :29 AM 2 Pool is small, would become a hazzard to all. Mar 22, :41 AM 3 Maintenance expense of lift Mar 22, :50 AM 4 vandalism, use "just to try it out," breakage Mar 21, :24 AM 5 Damage to pool liner and concrete Mar 21, :38 AM 6 Injury from unintended use by adults; difficulty getting around pool as sidewalk space is limited Mar 21, :34 AM 7 Equipment failure and space obstacle. Mar 21, :31 AM 8 I foresee having to close our pool entirely, based on the financial constraints that are inherent in this mandate. 9 potential injury because it would be an obstruction on poolside that could be run into and more frequent inspections made by campground personnel to insure compliance Mar 21, :29 AM Mar 21, :58 AM 10 injury of any guest that interfaces with lift accidentally due to position on deck Mar 21, :53 AM 11 General Safety hazzard - pool are is small and this will block one side of the pool! Mar 21, :29 AM 12 alot of maintenance and repairs for a lift that never gets used. Mar 20, :18 PM 13 Damage to pool liner Mar 20, :34 PM 14 Broken equipment because of children playing on it. Mar 20, :26 PM 15 damage to lift by children Mar 20, :12 PM 16 Injury based on electrical requirements Mar 20, :34 PM 17 cost of lift Mar 20, :25 PM 13 of 33

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15 Q4. What would the costs of complying with mandatory enforcement of pool lifts mean to your business? 1 have to choose between new roof for pavilion and mandated equipment Mar 24, :29 AM 2 May have to close the pool due to costs and that would take a very important asset from our business. Mar 23, :35 AM 3 It would put my pool out of business as we cannot afford it. Mar 22, :15 PM 4 would put a burdan on my business and family Mar 22, :41 AM 5 Over $6000 Mar 22, :50 AM 6 $5,000 for the equipment and who knows for installation. Mar 21, :08 PM 7 As a small "Mom & Pop" business we would not have the finances to purchase the equipment, install it, hire supervisory personnel to operate it and, of course, hire several lifeguards. 8 May have to close the pool. We are a small family owned campground. More overhead could be devasting. 9 It would be excessive and raise our rates as well as being something not needed, wanted, or even used. We already have stair access with handrails which have been used to lower some members into the pool in wheelchairs. Works quite well. Mar 21, :24 AM Mar 21, :24 AM Mar 21, :38 AM 10 it would be a hardship for me. Mar 21, :46 AM 11 Force us to raise prices to pay for equipment and other hidden costs Mar 21, :34 AM 12 Extreme hardship! Mar 21, :31 AM 13 Closing our pool might end up being the most drastic step we would have to take, which would be financially devastating, as we are a small campground, where our pool is one of our most important selling features. A less drastic move would be limiting our pool hours or perhaps raising our rates to accommodate the financial burden. Any of these options will negatively impact our business. Mar 21, :29 AM 14 significant cost with little utility Mar 21, :05 AM 15 Increased costs to the camper to offset the lift costs. Usage would be minimal based on prior operation so it is an unnecessay requirement 16 As a seasonal business with most pools only open for 10 weeks opr less a year, this would be first a financial burden that will be difficult to justify given the cost of the equipment and annual maintenace costs. We may also need to curtail pool hours to be sure a pool with a lift is only oipen during hours when trained personel can provide assistance. Due to low occupancy at times of the year, closing a pool will be more cost effective than keeping staff on duty to assist with lift. The loss of business due to this curtailed service could be ignificant over time and jeopordize the profitability of the business. Mar 21, :58 AM Mar 21, :53 AM 17 $4k to $6k as is, if required to enlarge the pool area could be in excess of $15k Mar 21, :29 AM 15 of 33

16 Q4. What would the costs of complying with mandatory enforcement of pool lifts mean to your business? 18 Raise fees, cut activities to campers or pass along the cost in an tough economic climit. Mar 20, :18 PM 19 Major capital cost to expand the pool deck area. Mar 20, :34 PM 20 We wouldn't be able to afford it this Season Mar 20, :26 PM 21 not in a financial position to purchase one at this time. Not going to buy one this year. Mar 20, :12 PM 22 We would probably have to seriously think about giving up the campground Mar 20, :11 PM 23 not only the cost of the lift, but having to constantly watch to make sure that adults and kids dont play with it. I alsobelive that there willbe injuries due to triping over the lift. Mar 20, :01 PM 24 It would mean having to install this at great expense and not having it used. Mar 20, :36 PM 25 This is devastating to our business. Last year we lost 4k all in. An additional expense of 15k would force us to borrow from the bank and go into more debt. We could lose the business or the pool and than the business. Even with the consideration in the current law allowing for relief for financial reasons, a lawsuit would be just as devastating to fight. The result would be the same loss of the business. We view this mandate as another governmental tax on our business. Mar 20, :34 PM k and cost of help Mar 20, :25 PM 16 of 33

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18 Q5. Please feel free to share any additional comments or concerns you may have. 1 For small campgrounds, this is a major distraction and possible financial boondoggle Mar 24, :29 AM 2 The lift would be more of a safety issue with children trying to use it. Mar 23, :35 AM 3 We are a small campground with only myself and my wife operating this business. We do not have a large volume of customer base. Mar 22, :15 PM 4 We are happy to assist all handicapped people with extra assistance Mar 22, :50 AM 5 Here is a reply I sent to the AH&LA Survey request: 16. You might need to add a line for comments! Here are mine. I have a small Mom and Pop lodge in the Adirondacks. I have owned it for 6 years and have been very successful! During the 6 years here I have not have one handicapped person. I contacted the other local motels in the area and they have not had any either. My rooms are grandfathered meaning they are not technically handicap accessible. So, if I can t accommodate a handicap person in a room, I have to at the pool??? New York states that I can not let anyone use the pool unless they are registered years ago I was happy to comply with the emergency suction release for my pool. That cost me $1.500 but I thought it was worth it if it would save a child s life. However, when the Health Department came by to inspect my pool, I showed them the new system. They had no idea it was a requirement! And, my drain is 14 feet down. I doubt a child could get down that far. 18. When I was talking to the other owners we thought we could share in the cost of a portable lift and then transfer it around on a case by case basis. Recently I read that some bureaucrat stated that portables were not authorized. Why not?? I would love to testify with him in the room! 19. I checked with a local pool maintenance supplier. He fully understands my/our predicament. He tells me the big box hotels will comply. We can t. By the way, who came up with the deadline? Why did it take so long to get the word out? The supplier also tells me there is not nearly enough product to go around. Did I mention that the cheapest cost of unit at InTheSwin is $4,995 plus installation? 20. Legislation like this, if enforced will just shut small businesses like mine out of business. So much for the present administration understanding. 21. I appreciate you sending this survey out. I hope you appreciate my comments. However, at the risk of being negative, I doubt I will hear back for you. Sincerely, Al Armstrong mtbrook@frontiernet.net 6 Our experience has been that any handicapped persons who have camped with us have shown no interest in using our pool nor do they even pass through the gate to watch others swim. 7 A swimming pool is an amenity and not a mandatory service such as a bathroom. We do have a fully compliant ADA bathroom. 8 This is over regulation for something that will cause more problems than be a convenience. I can seein my mind the kids trying to play on them already. If it's there, they will play. 9 To buy & install something because someone MIGHT use does not make economic business sense and seems quite ridiculous Mar 21, :08 PM Mar 21, :24 AM Mar 21, :24 AM Mar 21, :38 AM Mar 21, :34 AM 18 of 33

19 Q5. Please feel free to share any additional comments or concerns you may have. 10 Tax payer funded swimming pools may be candidates for pool lifts at their facilities. Privately owned and funded businesses should be included in this mandatory ruling. Will the governement be responsible for liability? 11 It seems completely outlandish to require every single campground to install this lift, just on the off-chance someone might want to use it. Wouldn't it be more fiscally responsible to help subsidize the cost of installing the lifts in a few of the larger or chain campgrounds (or state parks, where the financial burden will not be placed on a private owner), thus giving the people who would need to use the lift the option of going to one of the campgrounds that provide the accessibility, rather than demanding that we all become accessible? 12 Seasonal temporary residence facilities, like most campgounds in NY State, should be exempt from these regulations. Emphasise should be put on bringing pools up to date with zero entry access when pool are rebuilt, but requiring every existing pool to have a lift that will rarely if ever get used by the guests they are designed for is an unneceessary, unfunded mandate. If this regulation is to be enforced funds should be appropriated at the Federal level to provide a tax credit to cover the full cost of each lift and annual mantenance costs thereafter. 13 I do not have a problem with assisting disabled persons in using facilities but in a small operation like ours the lift would see limited use. The cost to install along with the yearly maintenance costs would have a dramatic inpact on our operation. Mar 21, :31 AM Mar 21, :29 AM Mar 21, :53 AM Mar 20, :18 PM 14 The law should only apply to new pools or major renovations to a pool. Mar 20, :34 PM 15 unreasonable burden on small businesses at a time when businesses can not afford any additional expenses Mar 20, :12 PM 16 The overall terrain of my campground is not condusive to handicapped people. Mar 20, :36 PM 17 There should be some thought as to allowing business with less than x income or x sites or smaller pools to opt out. We currently have a 20 x 40 pool - we would actually have to extend our deck just so customers can walk around the chair. Also, the entry point would be in the shallow end taking up kid space. The chair and space are just to big for our little pool. If their was a profit to be made than those business that can profit from having the equipment should purchase and market to this customer base. We should not be forced to incur an expense that has no upside. Mar 20, :34 PM 19 of 33

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21 Q8. In your past experience how many requests/inquiries have been made asking if your facility has a pool lift available? 1 never in 40 years Mar 24, :29 AM 2 never Mar 23, :35 AM 3 none Not even over the past 27 years. Mar 22, :15 PM 4 none Mar 22, :18 PM 5 none Mar 22, :41 AM 6 None Mar 22, :50 AM 7 None Mar 21, :08 PM 8 None Mar 21, :24 AM 9 None Mar 21, :24 AM 10 None Mar 21, :38 AM 11 none Mar 21, :46 AM 12 None Mar 21, :34 AM 13 None in the entire existence of the business. Mar 21, :31 AM 14 none Mar 21, :29 AM 15 one Mar 21, :05 AM 16 none Mar 21, :58 AM 17 None Mar 21, :53 AM 18 0 Mar 21, :29 AM 19 none Mar 20, :18 PM 20 0 Mar 20, :34 PM 21 None Mar 20, :26 PM 22 none Mar 20, :12 PM 23 none Mar 20, :11 PM 24 none ever Mar 20, :01 PM 25 none Mar 20, :36 PM 26 None Mar 20, :34 PM 21 of 33

22 Q8. In your past experience how many requests/inquiries have been made asking if your facility has a pool lift available? 27 0 Mar 20, :25 PM 22 of 33

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24 Q9. If you have identified one or more fixed lifts for purchase, has the supplier informed you of how soon the lifts can be delivered? 1 no order Mar 24, :29 AM 2 N/A Mar 22, :41 AM 3 Yes, April 1 Mar 22, :50 AM 4 Extreme shortage of availability. Mar 21, :08 PM 5 No Mar 21, :24 AM 6 Haven't inquired. Mar 21, :38 AM 7 Not going to purchase Mar 21, :34 AM 8 No Mar 21, :31 AM 9 n/a Mar 21, :29 AM 10 We have not yet sourced a supplier. Mar 21, :05 AM 11 NA Mar 21, :53 AM 12 N/A Mar 21, :29 AM 13 tbd Mar 20, :18 PM 14 no Mar 20, :34 PM 15 N/A Mar 20, :11 PM 16 they are months away at this point Mar 20, :01 PM 17 no Mar 20, :36 PM 18 Yes, we have been looking for some time and were going to purchase a movable chair, but in January or February of this year it came out that the state department wanted a fixed chair on the pool deck. Leading to thoughts of children being injured when playing on it as no lifeguard is at the pool. Mar 20, :34 PM 24 of 33

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26 Q11. What is your understanding of the steps involved with installing a fixed lift (including how much time each step will take) and were does that understanding come from? 1 n/a Mar 24, :29 AM 2 We have no understanding of installing a fixed lift. Mar 22, :15 PM 3 Approx. a month to install Mar 22, :50 AM 4 Haven't gotten that far. Mar 21, :08 PM 5 minimal understanding from looking at literature Mar 21, :24 AM 6 none Mar 21, :24 AM 7 No idea. Mar 21, :38 AM 8 No understanding Mar 21, :34 AM 9 No clear understanding. Mar 21, :31 AM 10 I have not looked into this yet, so I can't answer this question. Mar 21, :29 AM 11 the lift must be available at all times that the pool is open. There is a weight lift requirement so the lift must iether be counterbalanced or the pool deck reforced to compensate. The electrical connection must be at least 10 from the pool edge Mar 21, :58 AM 12 information received from the vendor Mar 21, :53 AM 13 1 Will need to drill and set anchors - 1 day 2 Will need to run electricity to pool area 2-3 days 3 Install drill 1 day Mar 21, :29 AM 14 still investigating the process. Mar 20, :18 PM 15 past experience at a BSA summer camp Mar 20, :34 PM 16? Mar 20, :11 PM 17 First we need electric above and beyond what we currently have available in the pool house. As the campground is always short on electric for sites, a new service would need to be brought in. The concrete deck we recently had repaired and painted at great expense to the business would need to be torn up to provide electric to the chair. Anchors would need to put in since the concrete of the deck is not thick enough. We have not been able to find a contractor who will do it, so we have no current estimate of time. This is not a job that pool companies in our area really want to touch. Mar 20, :34 PM 26 of 33

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28 Q12. How much of your pool deck will be demolished in order to install a fixed pool lift and what is the basis for that understanding? 1 none - will not do that Mar 24, :29 AM 2 4 ft by 12 ft Mar 22, :18 PM 3 A small section Mar 22, :50 AM 4 No idea Mar 21, :08 PM 5 I'm guessing 10 square feet but I really don't know. The concrete is old so more areas may be damaged in the installation. 6 Our pool deck is the minimum required. We would probably have to do a major addition and reconstruction. Mar 21, :24 AM Mar 21, :24 AM 7 No idea. Mar 21, :38 AM 8 None, My deck does not have enough room to install a lift & my water lines are in my deck & would not want to destroy them. Mar 21, :34 AM 9 Don't know. Mar 21, :31 AM 10 n/a Mar 21, :29 AM 11 10ft Mar 21, :58 AM 12 that will be better determined at the time of installation Mar 21, :53 AM 13 Unknown Mar 21, :29 AM 14 tbd Mar 20, :18 PM 15 We have no room for it now, so major expansion would be required. Mar 20, :34 PM 16? Mar 20, :11 PM 17 almost a 5'x5'area Mar 20, :01 PM 18 Not sure. Mar 20, :36 PM 19 At least 10 feet in order to get the electric to the site of the chair. Mar 20, :34 PM 28 of 33

29 Q13. Have you encountered situations when installing a fixed lift is not technically possible? Please describe those. 1 Our deck is raised off the ground and made of composite decking. Our pool is half in the ground and half out of the ground. Mar 22, :15 PM 2 Some of the pool coping will have to be removed to make the lift work. Mar 22, :50 AM 3 No, just economically impossible! Mar 21, :08 PM 4 I don't believe it's impossible but it create an enormous drain on the campground's finances. It would take years to recover from that. Mar 21, :24 AM 5 One of our hot tubs would definitely not have room to affix a lift. Mar 21, :38 AM 6 Yes, look at question 12 Mar 21, :34 AM 7 No. Mar 21, :31 AM 8 n/a Mar 21, :29 AM 9 NA Mar 21, :53 AM 10 Pool lift will completely block one side of pool - a violation of NYSDOH. Mar 21, :29 AM 11 tbd Mar 20, :18 PM 12 Yes, not enough deck room. Mar 20, :34 PM 13 Our pool is old, that it does not seem feasible for us to put in lifts, etc Mar 20, :11 PM 14 too small of a deck area, there would not be enough room as pool is inside a building Mar 20, :01 PM 15 We have not been able to get to that point. Mar 20, :34 PM 29 of 33

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31 Q14. Would you feel comfortable making a determination about whether installing a fixed pool lift at your pool or spa is "readily achievable"? If not, whose assistance would you seek to help you make this determination? 1 no, CONY, Pool company? Mar 22, :41 AM 2 I am comfortable Mar 22, :50 AM 3 I believe it is not "readily achievable" in any way. Mar 21, :24 AM 4 No readily achievable Mar 21, :24 AM 5 No, and the Health Dept would be the one we would look to for guidance. Mar 21, :38 AM 6 Yes Mar 21, :34 AM 7 Don't know. Mar 21, :31 AM 8 No. I guess I would contact someone from CONY to seek his/her advice. Mar 21, :29 AM 9 No, I would use CONY and the National Swimming pool foundation for assistance 10 Yes, we can make that accccessment but we are concerned that the health department will have an issue regarding this and we would prefer to wait for their interpretation of the code before taking action. Mar 21, :58 AM Mar 21, :53 AM 11 I am sure an attorney will be involved. Mar 21, :29 AM 12 not sure Mar 20, :18 PM 13 Do not know. Mar 20, :34 PM 14 Talk it over with my partners, and how cost effective and if our pool could even be done 15 at this point we dont feel it is readilly achievable, and if the government feels that they are a requirement they should reimburse for them fully not just a tax credit 16 No. Although I know its not readily achievable due to electric needs and financial constraints, but that won't stop someone from suing us anyway. There is no one I know of who can help us make this determination that would allow for the prevention of possible law suits. This is the opposite of tort reform Mar 20, :11 PM Mar 20, :01 PM Mar 20, :34 PM 17 engineer Mar 20, :25 PM 31 of 33

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33 Q15. Has your insurer expressed any concern about installing fixed lifts at your pools and spas? If so, what has been the nature of the concern expressed? 1 We have not discussed this with our insurer. Mar 22, :15 PM 2 no Mar 22, :41 AM 3 Not yet Mar 22, :50 AM 4 None. I called the New York State Health Dept about this issue and they have heard nothing about it! So, they won't be inspecting! Mar 21, :08 PM 5 No Mar 21, :24 AM 6 Not at this point. Mar 21, :38 AM 7 Did not talk to my insurance co. Mar 21, :34 AM 8 Confusion on both parties. Mar 21, :31 AM 9 no Mar 21, :29 AM 10 Not to date Mar 21, :53 AM 11 N/A Mar 21, :29 AM 12 tbd Mar 20, :18 PM 13 No. Mar 20, :34 PM 14 not yet Mar 20, :11 PM 15 not to this point Mar 20, :01 PM 16 no Mar 20, :36 PM 17 No, but now I have something additional to worry about. Mar 20, :34 PM 18 not yet Mar 20, :25 PM 33 of 33