DOH Issues FAQs Regarding State Vaccination Mandate
The Department of Health (DOH) has posted the anticipated Frequently Asked Questions (FAQ) document regarding the Aug. 26th Emergency Regulations related to Prevention of COVID-19 Transmission by Covered Entities, which mandate COVID-19 vaccination for multiple health care provider types and settings (i.e., covered entities). Members are urged to read the FAQs in their entirety. In addition to alerting you to these FAQs, LeadingAge NY wanted to notify you of a development in the vaccination mandate lawsuit in which the temporary restraining order (TRO) was issued. The court has canceled the hearing scheduled for Sept. 28th, extended the TRO until Oct. 12th, and stated that a written decision on the plaintiffs’ request for a preliminary injunction will be issued on or before Oct. 12th.
The FAQs answer several of the questions LeadingAge NY posed to the Department. Some provisions of note:
- Entities/personnel to which this regulation does NOT apply include (but are not limited to):
- Private medical and therapist practices
- Entities certified under Article 44 of the Public Health Law, such as Managed Long Term Care (MLTC) plans; however, the regulation does apply to covered entities (e.g., certified home health agencies (CHHAs) or licensed home care services agencies (LHCSAs)) that are owned or operated by or in conjunction with an Article 44 entity.
- Fiscal intermediaries (FIs) and personal assistants under the Consumer Directed Personal Assistance Program (CDPAP)
- Contractors are covered personnel who must comply with this regulation if they:
- function as employees or staff of the regulated facility, agency, or program; or
- are under the covered entity’s direct control.
This includes, but is not limited to, nurses and other health care professionals contracted to provide care to patients or residents. Contractors who do not meet this definition are considered visitors and are NOT subject to this regulation.
- Examples of contractors who are NOT subject to this regulation include, but are not limited to:
- Contracted construction/plumbing/electrical workers hired for a specific job(s)
- Medical equipment vendors
- Vending machine service personnel
- One-time or sporadically occasional entertainers hired by contract
- EMS, ambulette, or other transportation services personnel in a contract relationship with a covered entity, but who do not meet the definition of functioning as employees or staff of the facility, agency, or program, or being under the entity’s direct control
- Laboratory and radiology technicians who provide services to a covered entity by contract (e.g., enter a nursing home intermittently to draw blood or perform medical imaging procedures), but who do not function as employees or staff of the covered entity and are not under the covered entity’s direct control, are not personnel of the contracting covered entity
- Law enforcement officers entering the facility in their official capacity
- The document also clarifies questions regarding applicability of the mandate to private duty health care providers and companion service providers entering facilities.
- Volunteers who have a formal relationship with the covered entity and who provide regularly scheduled volunteer services must comply with the regulation. Examples of volunteers who are NOT subject to this regulation include:
- One-time or sporadically visiting volunteers
- Participants in the New York State Long Term Care Ombudsman Program
- The Centers for Disease Control and Prevention (CDC) considers the following to be contraindications to vaccination with COVID-19 vaccines:
- Severe allergic reaction (e.g., anaphylaxis) after a previous dose or to a component of the COVID-19 vaccine
- Immediate (within four hours) allergic reaction of any severity to a previous dose or known (diagnosed) allergy to a component of the COVID-19 vaccine
- The document also lists conditions that are not considered contraindications, vaccine ingredient links, current COVID-19 vaccine contraindications, and precautions posted on the CDC’s website, as well as templates for medical exemptions that providers can adapt for their use.
Please review the FAQs carefully, and feel free to let us know if you have additional questions.
Contact: Meg Everett, meverett@leadingageny.org, or Diane Darbyshire, ddarbyshire@leadingageny.org. Both can be reached at 518-867-8383.