{"id":"NY-135","kind":"order","level":"sector-regulator","jurisdiction":"New York","state":"NY","metro":"","industry":"","agency":"","eco":"","issuer":"New York State Department of Health / Public Health and Health Planning Council (New York State Register, Aug. 18, 2021, Vol. XLIII, Issue 33)","authority":"Public Health Law 201, 206, 2803; Social Services Law 461, 461-e; State Administrative Procedure Act 202(6)","instrument":"10 NYCRR Subpart 66-4 (COVID-19 Vaccinations of Nursing Home and Adult Care Facility Residents and Personnel), emergency readoption I.D. No. HLT-33-21-00001-E, filed and effective July 30, 2021; with 405.11/415.19 PPE (HLT-33-21-00002-E) and Part 360 Surge and Flex (HLT-33-21-00003-E), both July 30, 2021","title":"COVID-19 Vaccinations of Nursing Home and Adult Care Facility Residents and Personnel; Hospital and Nursing Home PPE Requirements; Surge and Flex Health Coordination System","dateIssued":"2021-07-30","effective":"2021-07-30; \u0027The emergency rule will expire October 27, 2021\u0027","end":"2021-10-27 unless readopted (beyond the period)","startDate":"2021-07-30","endDate":"2021-10-27","quarters":["2021Q3"],"types":["VAX","HC","EMP","SUPPLY"],"addressees":["every nursing home (10 NYCRR Part 415) and adult care facility","general hospitals (PPE and surge)","new personnel and residents"],"clause":"(ii) within seven days of hiring new personnel, the facility shall make diligent efforts to schedule all consenting and eligible new personnel for the COVID-19 vaccination. The facility must document attempts to schedule... (3) Certifying to the Department, in a manner and frequency prescribed by the Commissioner, but in no event more often than weekly, that the facility has proactively arranged for all new unvaccinated residents and personnel an opportunity to obtain the COVID-19 vaccine within seven days of being hired, admitted, or readmitted. (c) The facility shall further provide all current and new personnel and residents who decline to be vaccinated a written affirmation for their signature... 66-4.3. Penalties. (a) A violation of any provision of this Subpart shall be subject to penalties in accordance with sections 12 and 12-b of the Public Health Law.... (c)... the Department shall be empowered to immediately take custody and control of such vaccine at a nursing home and re-allocate to another provider.","enforcement":"Public Health Law 12 and 12-b; Social Services Law 460-d(7)(b)(2)(iii) \u0027failure in systemic practices and procedures\u0027 for adult care facilities; vaccine seizure (stated)","functions":["HR hiring and onboarding (vaccination scheduling within seven days)","RS residential admissions","IC infection control","SC PPE stockpiles (60-day supply requirements)","IP surge capacity"],"notes":"First filed June 24, 2021 (Ex. NY-133, fourteen-day version); the July 30 readoption tightened the period to seven days","sourceUrl":"https://dos.ny.gov/system/files/documents/2021/08/081821.pdf","snapshot":"","fileExists":true,"fileBytes":836940,"grade":"primary","character":"","description":"","collection":"NY","url":"/library/NY-135","exhibitUrl":"/exhibit/NY-135","citation":"New York State Department of Health / Public Health and Health Planning Council (New York State Register, Aug. 18, 2021, Vol. XLIII, Issue 33), 10 NYCRR Subpart 66-4 (COVID-19 Vaccinations of Nursing Home and Adult Care Facility Residents and Personnel), emergency readoption I.D. No. HLT-33-21-00001-E, filed and effective July 30, 2021; with 405.11/415.19 PPE (HLT-33-21-00002-E) and Part 360 Surge and Flex (HLT-33-21-00003-E), both July 30, 2021 (Ex. NY-135)","stateName":"New York","related":["NY-133","DUT-NY-005"]}