DOH Republishes Emergency Regulations Requiring Nursing Homes and ACFs to Offer Vaccine to Residents and Staff
Over the weekend, the Department of Health (DOH) republished emergency regulations requiring nursing homes and adult care facilities (ACFs) to make COVID-19 vaccinations available to residents and personnel. The text of the regulations does not appear to have been altered from what was previously published in April, with a notable exception. The newly published regulation eliminates the language that made the regulation applicable for the duration of the public health emergency and instead makes it applicable from June 24th to Aug. 8, 2021. Unfortunately, this new effective date triggers the requirement to discuss the opportunity to obtain the vaccine with all residents and staff and facilitate or document their declination. Specifically, nursing homes have within 14 days of the effective date to provide all consenting, unvaccinated personnel and residents an opportunity to receive the first or any required next dose of the COVID-19 vaccine and have anyone who declines sign a written statement indicating that they were offered the opportunity for a COVID-19 vaccination, but declined. ACFs must, within seven days of the effective date, make diligent efforts to arrange for all consenting, unvaccinated existing personnel and residents to register for a vaccine appointment and again have a signed declination statement as noted above for anyone who does not want the vaccine. Any declination must state that the signatory is aware that, if they later decide to be vaccinated for COVID-19, it is their responsibility to request vaccination from the facility.
We have inquired with the Department if they intended to require nursing homes and ACFs to once again undergo this exercise, since the written declination includes language indicating that they understand that they can change their mind and it is their responsibility to request that of the facility if they do want the vaccine. At the time of this writing, we have not yet received a response. Thus, as the emergency regulation is written, ACFs have until July 1 and nursing homes have until July 8 to revisit this with every unvaccinated staff or resident and keep that documentation on file if they decline once again.
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828