DOH Addresses Booster Questions in State Vaccine Mandate FAQ Document

The Department of Health (DOH) has issued additional Frequently Asked Questions (FAQ) on the State vaccine mandate regarding the recent booster requirement for health care personnel (HCP). The DOH FAQ on the vaccine mandate adds Questions 25 and 26 stating that HCP who are eligible for the booster are required to obtain their booster within the 30 days following their eligibility date. Question 26 addresses the issue of whether individuals have an extended amount of time to obtain the booster if they have been infected with COVID-19. The State is now recognizing that facilities may determine on a case-by-case basis if an individual may be granted a temporary medical exemption from the booster "in connection with having tested positive for or having been treated for COVID-19."

25. Q: If CDC Recommends a booster 5 months after the primary series, and 5 months after the primary series is April 1, 2022, what is the date by which personnel must get the booster?

A: Personnel have 30 days from the day they become eligible, so personnel in this example must get the booster by May 1, 2022. But see FAQ #26 below.

26. Q: Are there personnel who are not eligible for a booster or supplemental dose exactly 5 months after the primary series?

A: Yes, facilities may have to determine on a case by case basis when personnel should have received a booster or supplemental dose as recommended by the CDC. For example, certain personnel may need a temporary medical exemption from receiving a booster in connection with having tested positive for or having been treated for COVID-19. In such cases or other cases that require interpretation of CDC recommendations, personnel may not be eligible for the booster 5 months after the primary series. Facilities may have to exercise operational discretion to determine when personnel are eligible for a booster, provided that they do require and communicate to their personnel that effective immediately, personnel have to have received any booster or supplemental dose as recommended by the CDC, absent receipt of a medical exemption, and they have a reasonable system for documenting compliance with this requirement.

Members should raise questions or concerns with our office if they have them.

Contact: Meg Everett, meverett@leadingageny.org, 518-929-9342