Regulations Adopted to Prevent the Transmission of Influenza

New regulations governing the prevention of transmission of influenza by health care and residential and agency personnel became effective July 31, 2013. The regulation applies to any health care facility, residential facility, or agency licensed under Article 28 of the Public Health  Law (PHL) and Article 36 of the PHL (including but not limited to certified home health agencies, long term home health care programs, AIDS home care programs, licensed home care service agencies, and limited licensed home care service agencies, and any hospice established pursuant to Article 40 of the PHL. By virtue of having a home care component, the Assisted Living Program (ALP) is also affected.

The regulation requires that personnel who are not vaccinated against influenza wear a surgical mask during influenza season while working in areas where patients may be present. LeadingAge New York raised a number of issues related to the requirement including the lack of supportive evidence on the effectiveness of masks in prevention, as well as the costs to providers of supplying the masks without any reimbursement. The regulation however, was adopted without change. The NYS Register, pages 14-15, contains a summary of the regulation and issues raised by LeadingAge and other organizations. LeadingAge New York is currently working with DOH on an audio conference for providers to inform them of the new regulation and to address potential questions and implementation issues they might have. 

Contact:  Elliott Frost, efrost@leadingageny.org, 518-867-8832