| The New York Department of Health, Codes Committee of the Public Health and Health Planning Council (PHHPC) will hold a special meeting this Thursday, August 26, to consider adopting an emergency regulation regarding “Prevention of COVID-19 Transmission by Covered Entities.” If adopted, the regulation would mandate the vaccination of covered personnel, with the requirement that the first dose be administered by October 7, 2021. The proposed regulation is available here.For purposes of the regulation, “covered personnel” that will be subject to the regulation include “all persons” employed or affiliated with a “covered entity,” whether paid or unpaid, including but not limited to employees, members of the medical and nursing staff, contract staff, students, and volunteers. “Covered entities” include any Article 28 licensed entity, including but not limited to general hospitals, nursing homes, and diagnostic and treatment centers, any Article 36 entity (including CHHAs, LHCSAs, LTHHCPs, AIDS home care programs), hospices, and adult care facility licensed by the DOH. The regulation would allow for limited exemptions based on religious or medical reasons.
Upon the request of the DOH, covered entities will be required report and submit documentation regarding the following:
- the number and percentage of personnel that have been vaccinated against COVID-19;
- the number and percentage of personnel for which medical exemptions have been granted;
- the number and percentage of personnel for which religious exemptions have been granted; and
- the total number of covered personnel.
We will monitor this development and provide updates. However, this regulation seems poised to pass. In the absence of an injunction, the regulation would take effect and be binding on covered entities. Thus, in anticipation of this regulation’s mandates, providers should begin to plan for compliance. Providers should consider how they will address potential staffing shortages and patient scheduling challenges if a large number of their unvaccinated staff refuse to adhere to the mandate and become vaccinated. Providers should also consider the logistics of securing proof of vaccination and addressing any exemption requests. Coordinators should be trained on how to inform and respond to questions from caregivers who will, surely, have questions about these requirements.
If you have any questions about this matter, please do not hesitate to reach out to us. |