Appellate Court Stays Injunction and Enables Enforcement of State Health Care Staff Vaccination Mandate
An appellate court ruling issued on Feb. 27, 2023 has enabled New York State to continue to enforce its health care staff vaccination mandate pending the resolution of its appeal. The decision by the Appellate Division, Fourth Department stayed a lower court injunction in Medical Professionals for Informed Consent v. Bassett. The decision requires the State to perfect its appeal by March 20th. If the State's papers are filed by March 20th, the Appellate Division will hear the case in its term beginning on May 15th.
In addition to the New York State vaccination mandate, health care staff in New York who work in settings certified by the Centers for Medicare and Medicaid Services (CMS) are subject to the federal vaccination mandate.
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