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Reminders of State Influenza and Pneumococcal Vaccination Reports Required for Certain DOH-Regulated Providers

There are two different state vaccination requirements that LeadingAge NY members should be aware of, relating to the influenza and pneumococcal vaccine. One requirement applies to nursing homes, adult day health care (ADHC), home care, hospice, and diagnostic and treatment centers. The other applies to adult care facilities (ACFs), nursing homes, and ADHC.

HCP Influenza Vaccination Report

The state Healthcare Personnel (HCP) Influenza Vaccination Report on the Health Electronic Response Data System (HERDS) must be submitted to the Department of Health (DOH) by Thurs., June 1, 2023. Facilities and organizations are required to document the number and percentage of HCP vaccinated against influenza for the current season. This year’s report covers HCP employed by or affiliated with facilities or agencies from Oct. 1, 2022 through March 31, 2023.

The report is a requirement of all facilities covered under NY Codes, Rules, and Regulations, Title 10, Section 2.59 (10 NYCRR Section 2.59), including hospitals, nursing homes, home care, hospice, diagnostic and treatment centers, and ADHC providers. It does NOT apply to ACFs and assisted living facilities, with the exception of home care staff working in the Assisted Living Program (ALP); however, ACFs should be tracking this information consistent with the Public Health Law (PHL), discussed below.

The report may be accessed on the HERDS here. The Dear Administrator Letter (DAL), accompanying Frequently Asked Questions (FAQs), and instruction card with detailed guidance on how to access, complete, and submit the report on the HERDS can be found here. A pre-recorded webinar training session on the report is available online here under the heading “Training.” There is an additional resource available from the Centers for Disease Control and Prevention (CDC), “Methods and Strategies Used to Collect Healthcare Personnel Influenza Vaccination Data,” available here.

Questions about the report should be directed to the DOH Bureau of Immunization at 518-473-4437 or immunize@health.ny.gov. Technical questions about the report or on the use of the HERDS should be directed to the Health Emergency Preparedness Program at 518-408-5163 or hseppny@health.ny.gov.

Vaccination Requirements for ACFs and Other Providers Under PHL Article 21-A 

The Long Term Care Resident and Employee Immunization Act outlined in Article 21-A of the NYS PHL requires entities including nursing homes, ACFs, and ADHC programs to offer to provide or arrange for the influenza and pneumococcal vaccine annually to all employees and residents by Nov. 30th of each year, and document. The law requires entities to ask residents and employees to get both vaccinations, but allows them to decline. Article 21-A also requires the reporting of this data to DOH. While the law has not changed, the State stopped requiring the annual reporting of this information when the aforementioned HCP Influenza Vaccination Report began. Thus, ACFs, ADHCs, and nursing home providers should continue to provide or arrange for influenza and pneumococcal vaccination and document influenza and pneumococcal vaccine status to comply with the law, though a specific report may not be required related to this law.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828