December 23, 2021
12/23 Update to earlier emails (see item #2 below – red text):
The Supreme Court will hear challenges to the OSHA ‘Vaccine or Test’ rule on January 7. In anticipation of these challenges, on Sunday OSHA delayed implementation of the mandate until January 10.
All eyes on the Supreme Court going forward. Stand by for more. L.
———- Forwarded message ———
From: Lauri Cole <lauri@nyscouncil.org>
Date: Tue, Dec 21, 2021 at 3:38 PM
Subject: Update to earlier email
To:
Update to note I sent earlier (below):
At present the OMH Commissioner’s Regulatory Waiver expires on 2/7, and OMH may choose to extend beyond this date, but there is no immediate need to act. Note: OMH and OASAS are no longer synced up when it comes to the timing of the Emergency Waivers for a variety of reasons. We will continue to monitor.
———- Forwarded message ———
From: Lauri Cole <lauri@nyscouncil.org>
Date: Tue, Dec 21, 2021 at 2:10 PM
Subject: Important Updates
To:
Good afternoon,
Wanted to bring you up to speed on several important issues/changes:
First, as you know, the Commissioners at OMH and OASAS have each been issuing Emergency Waivers that continue a variety of COVID regulatory flexibilities (see document attached to this email) ever since our former governor cancelled the State of Emergency in NYS (June 2021). Governor Hochul issued a NEW Disaster Emergency for NYS (11/26), fyi. Here is a link to Governor’s Declaration of a State of Emergency: https://www.governor.ny.gov/executive-order/no-11-declaring-disaster-emergency-state-new-york
The information from OASAS (below) is meant to inform the field that the latest waiver issued by OASAS Commissioner Dr. Chinazo Cunningham is good for 120 days, effective 12/20, or up until such time as the status of the flexibility you are inquiring about changes. This could include making the flexibility permanent through adoption of permanent regulations. The documents linked in the note below track various OASAS flexibilities and discuss what is happening with each of them. I am checking in with OMH. Back to you shortly.
Next, last week a federal appeals court reinstated the Biden administration’s vaccine and testing requirement for private businesses that covers about 80 million American workers. The ruling by the 6th U.S. Court of Appeals in Cincinnati lifted a November injunction that had blocked the rule from the Occupational Safety and Health Administration, (OSHA) which applies to businesses with at least 100 workers. The decision by the 6th Circuit sets up a Supreme Court showdown over Biden’s policy and (as expected) on Friday petitioners seeking to block implementation of the mandate immediately filed emergency applications for a ‘stay’ in the Supreme Court. On Sunday, OSHA decided to delay implementation of the mandate until January 10. It is my understanding that the state agencies are preparing guidance pertaining to these new developments but that (generally) the OSHA mandate (if it stands) would trump any state law that requires less than what is required in the OSHA mandate.
We know both of these issues are incredibly confusing and there are still many unknowns. Please don’t make any personnel or other decisions based on this information. Talk to your attorneys. I wanted to provide a ‘heads up’, to let you know that we are on it and will be updating you as the fog clears.
Lauri
From: OASAS.sm.Communications <OASAS.sm.Communications@oasas.ny.gov>
Sent: Monday, December 20, 2021 3:19 PM
Subject: Extended Covid Commissioner Waiver—Continuing Flexibilities
Dear Providers,
Consistent with previous extensions of OASAS regulatory flexibilities and the Disaster Emergency in the State of New York announced by Governor Hochul on November 26, 2021, OASAS is continuing the extension of most regulatory flexibilities.
At this time, waiver allows for continuing flexibilities for an additional 120 days.
Links:
https://oasas.ny.gov/continued-covid-19-regulatory-waivers
https://oasas.ny.gov/continuing-covid-flexibilities
Questions may be addressed to PICM@oasas.ny.gov or Legal@oasas.ny.gov.
Thank you,
Communications Department
NYS Office of Addiction Services and Supports (OASAS)