Update on DOH Emergency Rule on Vaccinations

August 23, 2021

Please find a link to the NYSDOH emergency rule making outlining the COVID-19 vaccine requirements for certain health care facilities/workers.  Also included is the PHHPC agenda for the upcoming meeting August 26th for the Codes & Full Committee to adopt it.

As we stated last week, DoH is issuing mandates based on its’ regulatory authority.  The requirements apply to hospitals, nursing homes, D&TCs per Article 28, home care agencies per Article 36, hospices and adult care facilities under NYSDOH authority per Article 7 of social services law.

The regulation requires these covered entities to continuously require personnel to be fully vaccinated against COVID19, with the first dose for current personnel received by September 27, 2021 for general hospitals and nursing homes, and by October 7, 2021 for all other covered entities absent receipt of a medical or religious exemption as described in the regulation. 

Documentation of such vaccination or authorized exemption shall be made in personnel records or other appropriate records in accordance with applicable privacy laws, except as set forth in the regulation.

The Public Health and Health Planning Council has just announced a meeting this Thursday to adopt the attached emergency regulations mandating vaccines for healthcare workers. If approved, these regulations require all staff and volunteers at diagnostic & treatment centers, including FQHCs, to receive at least their first dose of COVID-19 vaccine by October 7, 2021. There are limited medical and religious exemptions outlined in the proposed regulation.

We will continue to update you as new developments arise.