Booster Shots for Covered Healthcare Staff Due by February 21

As we had previously reported, New York’s Public Health and Health Planning Council earlier this month adopted a requirement that covered healthcare entities ensure that their personnel are “boosted” against COVID-19. The adoption of the booster mandate was contingent and held, somewhat, in abeyance, pending guidance from the Department about the proper and timely “roll out” of the requirement.On Friday, the Department of Health announced that covered entities must ensure that covered healthcare personnel who are currently eligible for a COVID-19 booster have documentation of compliance with the booster regulation by February 21, and that personnel not currently eligible for boosters receive their boosters within 30 days of becoming eligible. In our experience, the Department surveyors are already enforcing these vaccination requirements among covered home care providers. Thus, providers should ensure compliance with the vaccine mandates, including the booster requirement.In its announcement, the Department reminded covered providers that reasonable accommodations may be appropriate in certain circumstances. An accommodation could, potentially, exempt an employee from the vaccine and booster mandates. Further, the Department reiterated that providers are responsible for documenting “continuously” their compliance with the vaccine mandate “following the dates for initial compliance, and including documentation of any reasonable accommodation.”
If you have any questions about these requirements, please let us know.

As we had previously reported, New York’s Public Health and Health Planning Council earlier this month adopted a requirement that covered healthcare entities ensure that their personnel are “boosted” against COVID-19. The adoption of the booster mandate was contingent and held, somewhat, in abeyance, pending guidance from the Department about the proper and timely “roll out” of the requirement.

On Friday, the Department of Health announced that covered entities must ensure that covered healthcare personnel who are currently eligible for a COVID-19 booster have documentation of compliance with the booster regulation by February 21, and that personnel not currently eligible for boosters receive their boosters within 30 days of becoming eligible. In our experience, the Department surveyors are already enforcing these vaccination requirements among covered home care providers. Thus, providers should ensure compliance with the vaccine mandates, including the booster requirement.

In its announcement, the Department reminded covered providers that reasonable accommodations may be appropriate in certain circumstances. An accommodation could, potentially, exempt an employee from the vaccine and booster mandates. Further, the Department reiterated that providers are responsible for documenting “continuously” their compliance with the vaccine mandate “following the dates for initial compliance, and including documentation of any reasonable accommodation.” If you have any questions about these requirements, please let us know.