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.

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