Member Input Needed on Amendments to Influenza Regulations
Amendments to Section 2.59 of Title 10 NYCRR, Prevention of Influenza Transmission by Healthcare and Residential Facility and Agency Personnel, have been proposed by the State Department of Health (DOH). The regulations, commonly referred to as the "flu mask regulation" applies to nursing homes, home care agencies, hospice, diagnostic and treatment centers and hospitals. Home care employees of the assisted living program are included, as well.
The proposed changes proposed are modest, but reflect concerns that LeadingAge NY and members raised with DOH. For example, the amendments permit personnel who are required to wear a mask and who provide speech therapy services to "remove the mask when necessary to deliver care such as modeling speech." They also permit personnel required to wear a mask to remove it, when necessary for communication with individuals who lip read. We encourage members to review the proposed changes and let us know of any concerns. In addition, this provides an opportunity to suggest additional revisions.
The proposed amendments would:
- revise the areas where personnel are required to wear masks from “areas where patients or residents may be present” to “areas where patients or residents are typically present;”
- define “patient or resident” to mean any person receiving services from a covered facility or agency, as well as any person presenting for registration or admission at covered facility or agency;
- define “influenza vaccine” to mean a vaccine approved as an influenza vaccine by the Food and Drug Administration (FDA), or pursuant to an Emergency Use Authorization (EUA), or as an Emergency Investigational New Drug (EIND);
- provide that unvaccinated healthcare personnel are not required to wear a mask while a patient or resident is receiving services outside the home or regulated facility;
- provide that unvaccinated healthcare personnel are not required to wear a mask while providing speech therapy services, during the time that such personnel are providing care;
- allow for any unvaccinated personnel, or the patient they are serving, who lip reads to remove the mask when necessary to communicate;
- revise the documentation requirements for vaccination status to include only the date of vaccination and information specifying the vaccine formulation administered on a document prepared by the healthcare practitioner who administered the vaccine;
- for contract staff and students, allow covered facilities and agencies to accept an attestation from the employer or school, stating that specified persons have been vaccinated and that the employer or school maintains the required documentation;
- codify requirement that healthcare and residential facilities and agencies must supply surgical or procedure masks required at no cost to personnel; and,
- clarify that covered facilities and agencies can adopt more stringent requirements than the requirements contained in this regulation.
Comments on the regulations can be submitted to Katherine E. Ceraolo at DOH at REGSQNA@health.state.ny.us until Sept. 15, 2014; or members may provide comments to LeadingAge NY who will submit comments on behalf of members.
Contact: Elliott Frost, efrost@leadingageny.org, 518-867-8383 ext.140, Cheryl Udell, cudell@leadingageny.org, 518-867-8383,ext. 151, or Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828