The COVID Project
The record
- Jurisdiction
- New York
- Level
- Sector regulator
- Authority
- Public Health Law 201, 206, 2803; Social Services Law 461, 461-e; State Administrative Procedure Act 202(6)
- Issued
- 2021-07-30 July 30, 2021
- Effective
- 2021-07-30; 'The emergency rule will expire October 27, 2021' (read as 2021-07-30)
- End
- 2021-10-27 unless readopted (beyond the period) (read as 2021-10-27)
- In force
- July 30, 2021 to Oct. 27, 2021
- Quarters
- 2021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Health care ordersWorkplace rulesVaccination or testingSupply chain
- Addressees
- every nursing home (10 NYCRR Part 415) and adult care facility
- general hospitals (PPE and surge)
- new personnel and residents
- Functions reached
- 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
- Collection
- New York NY
Operative words
(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) 'failure in systemic practices and procedures' for adult care facilities; vaccine seizure (stated)
Notes
First filed June 24, 2021 (Ex. NY-133, fourteen-day version); the July 30 readoption tightened the period to seven days