April 3 2023

Several NYS Council members have asked whether OASAS and OMH programs and services must continue to require staff be vaccinated against COVID-19.

We asked the Offices and here is what the Medical Directors at OMH and OASAS told us:

With respect to OASAS providers:

• If they are located within a hospital setting, then they have to follow DOH guidance on vaccination (which is required in those settings).
• If they are located outside of a hospital setting, then they do not require vaccination per OASAS, but the employer may go beyond OASAS guidance and require vaccination.

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OMH’s position is available at: https://omh.ny.gov/omhweb/guidance/guidance-federal-cv-19-vaccination-mandates.pdf

Applicability to OMH system: The CMS COVID-19 vaccination mandate, available at https://www.federalregister.gov/documents/2021/11/05/2021-23831/medicare-and-medicaid-programsomnibus-covid-19-health-care-staff-vaccination, applies to specified Medicare and Medicaid-certified health care facilities. In the OMH system, this includes OMH-operated or licensed hospitals and Comprehensive Psychiatric Emergency Programs (CPEPs), which should be in compliance with the CMS rule if they are in compliance with OMH’s vaccine mandate at 14 NYCRR Part 557. The CMS rule is also applicable to OMH licensed residential treatment facilities (RTFs) for youth. The CMS rule does not apply to OMH-licensed facilities that are not certified by CMS, such as freestanding clinics, rehab and residential programs that are not operated by a hospital, even though those facilities may still bill Medicare and Medicaid. The rule applies to CMS-certified “community mental health centers,” but OMH does not believe that this type of CMS-certified facility operates in New York State.