{"id":"NY-071","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, Sept. 15, 2021, Vol. XLIII, Issue 37)","authority":"Public Health Law 201, 206, 225, 2803; Social Services Law 461; State Administrative Procedure Act 202(6)","instrument":"10 NYCRR 2.61 (Prevention of COVID-19 Transmission by Covered Entities), emergency rule I.D. No. HLT-37-21-00003-E, Filing No. 946, filed and effective Aug. 26, 2021","title":"Prevention of COVID-19 Transmission by Covered Entities","dateIssued":"2021-08-26","effective":"2021-08-26; first doses required \u0027by September 27, 2021 for general hospitals and nursing homes, and by October 7, 2021 for all other covered entities\u0027; \u0027The emergency rule will expire November 23, 2021\u0027","end":"Readopted beyond the period (Nov. 2021)","startDate":"2021-08-26","endDate":"2021-09-30","quarters":["2021Q3"],"types":["VAX","HC","EMP","MASK"],"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: \u0027employees, members of the medical and nursing staff, contract staff, students, and volunteers\u0027"],"clause":"(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 \u0027available immediately upon request by the Department\u0027","functions":["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"],"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: \u0027Subpart 66-3 is hereby repealed. Section 2.60 is repealed and replaced\u0027; masking \u0027as determined by the Commissioner\u0027 in public places when distance cannot be maintained and in \u0027schools, public transit, homeless shelters, correctional facilities, nursing homes, and health care settings\u0027; businesses \u0027must provide, at their expense, face-coverings for their employees required to wear\u0027 them; \u0027a maximum fine of $1,000 for each violation... each day... shall constitute a separate violation\u0027; \u0027All local health officers shall take such steps as may be necessary to enforce\u0027; \u0027This rule expires November 24, 2021\u0027); and the readoption of \u0027Investigation of Communicable Disease; Isolation and Quarantine\u0027 (10 NYCRR Part 2, 405.3, 58-1.14; HLT-37-21-00002-E, filed and effective Aug. 26, 2021). The Register\u0027s own recital records that the disaster emergency \u0027ended June 24, 2021\u0027 and that \u0027Cases have risen 10-fold since early July, with the Delta variant accounting for 95% of recent sequenced positives\u0027","sourceUrl":"https://dos.ny.gov/system/files/documents/2021/09/091521.pdf","snapshot":"","fileExists":true,"fileBytes":712566,"grade":"primary","character":"","description":"","collection":"NY","url":"/library/NY-071","exhibitUrl":"/exhibit/NY-071","citation":"New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 15, 2021, Vol. XLIII, Issue 37), 10 NYCRR 2.61 (Prevention of COVID-19 Transmission by Covered Entities), emergency rule I.D. No. HLT-37-21-00003-E, Filing No. 946, filed and effective Aug. 26, 2021 (Ex. NY-071)","stateName":"New York","related":["NY-133","NY-134","DUT-NY-004","DUT-NY-005","DUT-NY-009","SEC-27-011","NY-072","NY-074","NY-078"]}