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DOH Responds to Questions on Nursing Home/ACF Vaccination Regulations

The Department of Health (DOH) has responded to questions and concerns posed by LeadingAge NY regarding the emergency vaccination regulations for nursing homes and adult care facilities (ACFs). The responses, transmitted as an attachment to an email on May 6th, clarify several key elements of the regulations. Highlights include the following:

  • The regulations require that the vaccine be administered within seven days for ACFs and 14 days for nursing homes – not merely the scheduling of an appointment for vaccination. Nursing homes and ACFs that have made diligent efforts to ensure the vaccination within the required time period, but are unable to do so, should maintain evidence of their efforts. Nursing homes should be prepared to offer proof of outreach to hospital or pharmacy partners requesting the vaccine doses needed and the date needed, and their response. ACFs should document efforts to secure an appointment, which may include, for example, a print-out of available appointment dates at the time of scheduling.
  • Declinations of vaccination should be obtained on or after April 15, 2021, even if the resident or staff member has previously declined. All health care providers, as a best practice, should routinely assess resident and staff eligibility for and willingness to receive the COVID-19 vaccine.
  • Contract staff who should be offered the vaccine include "resident-facing personnel working under a contract with the facility (which may be a contract between an employment agency or the individual provider)." For example, the term “contract staff” would apply to [medical] staff making rounds, but not to intermittent maintenance staff who do not interact with residents.
  • Providers should not offer the vaccine to any medically ineligible individual. Although a declination form would not be necessary for these individuals, the facility should document in the resident or staff member's record the clinical reason for not offering the COVID-19 vaccine.
  • Nursing homes are required to offer on-site vaccination for both residents and personnel, to the maximum extent possible. However, a nursing home may offer residents and personnel opportunities to receive vaccine from an off-site location if the facility has made diligent efforts to offer on-site vaccinations within 14 days, but is unable to do so, and such off-site vaccinations can be obtained more expeditiously than on-site. In addition, off-site vaccinations may be offered if personnel indicate that they prefer to be vaccinated in the community, in which case the facility must document that reasoning in their personnel file. The facility should maintain documentation of its efforts to offer on-site vaccinations and provide written evidence that an off-site vaccination would be more expeditious or preferred.

Contact: Karen Lipson, klipson@leadingageny.org, 518-867-8838