January 14, 2022

Following is an answer from Trisha Schell-Guy at DoH to a question I raised with her as to whether Health Home Care Managers are mandated to receive the COVID 19 vaccination per the Biden federal rules and the recent Supreme Court case (discussed in previous NYS Council emails):
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Thank you for your questions about whether HH Care Managers are mandated to receive the COVID-19 vaccination per the federal rules and recent Supreme Court cases below.

21A244 National Federation of Independent Business v. OSHA (01/13/2022) (supremecourt.gov) and https://www.supremecourt.gov/opinions/21pdf/21a240_d18e.pdf

Unfortunately, the answer is not a simple yes or no.  DOH has instructed employers of HH staff to make independent decisions based on the character of the organization operating the HH.  A HH CMA can be hospital or clinic based or be a community based organization, and those distinctions matter in terms of rule applicability.  The recent cases do not change this instruction.

I am including Peg Elmer as HH lead at DOH.

Best

Trisha

Trisha Schell-Guy

(she/her/hers)

Director, Division of Program Development & Management