The COVID Project
The record
- Jurisdiction
- New York
- Level
- Sector regulator
- Authority
- Public Health Law 201, 206, 225, 2803; Social Services Law 461; State Administrative Procedure Act 202(6)
- Issued
- 2021-08-26 Aug. 26, 2021
- Effective
- 2021-08-26; first doses required 'by September 27, 2021 for general hospitals and nursing homes, and by October 7, 2021 for all other covered entities'; 'The emergency rule will expire November 23, 2021' (read as 2021-08-26)
- End
- Readopted beyond the period (Nov. 2021) (read as 2021-09-30)
- In force
- Aug. 26, 2021 to Sept. 30, 2021
- Quarters
- 2021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementHealth care ordersWorkplace rulesVaccination or testing
- Addressees
- every Article 28 hospital, nursing home and diagnostic and treatment center
- every Article 36 home care agency (certified home health agencies, licensed home care services agencies, long term home health care and AIDS home care programs)
- every hospice
- every adult care facility
- all their personnel: 'employees, members of the medical and nursing staff, contract staff, students, and volunteers'
- Functions reached
- HR credentialing and staffing (all personnel, including contractors, students and volunteers)
- IC infection control
- HC in-home visits (home care agencies)
- WF workforce (mandatory vaccination or medical exemption)
- IP/RS operations
- Collection
- New York NY
Operative words
(c) Covered entities shall continuously require personnel to be fully vaccinated against COVID-19, with the first dose for current personnel received by September 27, 2021 for general hospitals and nursing homes, and by October 7, 2021 for all other covered entities absent receipt of an exemption as allowed below.... (d) Exemptions.... (1) Medical exemption.... (e) Upon the request of the Department, covered entities must report and submit documentation... (f) Covered entities shall develop and implement a policy and procedure to ensure compliance with the provisions of this section... (g) The Department may require all personnel, whether vaccinated or unvaccinated, to wear an appropriate face covering for the setting in which such personnel are working in a covered entity. Covered entities shall supply face coverings required by this section at no cost to personnel.
Enforcement
Public Health Law 12 and 12-b; conditions of operation under 10 NYCRR 405.3, 415.26, 763.13, 766.11, 794.3, 1001.11 and 18 NYCRR 487.9, 488.9, 490.9, each amended to require documentation of vaccination or exemption 'available immediately upon request by the Department'
Notes
The same Register issue carries: the new 10 NYCRR 2.60 Face Coverings for COVID-19 Prevention (HLT-37-21-00005-E, Filing No. 947, filed and effective Aug. 27, 2021: 'Subpart 66-3 is hereby repealed. Section 2.60 is repealed and replaced'; masking 'as determined by the Commissioner' in public places when distance cannot be maintained and in 'schools, public transit, homeless shelters, correctional facilities, nursing homes, and health care settings'; businesses 'must provide, at their expense, face-coverings for their employees required to wear' them; 'a maximum fine of $1,000 for each violation... each day... shall constitute a separate violation'; 'All local health officers shall take such steps as may be necessary to enforce'; 'This rule expires November 24, 2021'); and the readoption of 'Investigation of Communicable Disease; Isolation and Quarantine' (10 NYCRR Part 2, 405.3, 58-1.14; HLT-37-21-00002-E, filed and effective Aug. 26, 2021). The Register's own recital records that the disaster emergency 'ended June 24, 2021' and that 'Cases have risen 10-fold since early July, with the Delta variant accounting for 95% of recent sequenced positives'
Retrieval noteOfficial State Register issue (Department of State); full rule text read.