{"id":"SEC-04-058","kind":"order","level":"state","jurisdiction":"New York","state":"NY","metro":"","industry":"04","agency":"","eco":"","issuer":"Public Health and Health Planning Council and Commissioner of Health, New York State Department of Health","authority":"N.Y. Public Health Law 225, 2800, 2803, 3612, 4010; Social Services Law 461, 461-e; State Administrative Procedure Act 202(6) (emergency adoption)","instrument":"10 NYCRR 2.61 (emergency regulation)","title":"Prevention of COVID-19 Transmission by Covered Entities","dateIssued":"2021-08-26","effective":"2021-08-26 (\u0027Effective date: 8/26/21\u0027)","end":"Readopted and later repealed (post-period)","startDate":"2021-08-26","endDate":"2021-09-30","quarters":["2021Q3"],"types":["VAX","HC","EMP"],"addressees":["covered entities: hospitals (general hospitals, nursing homes, diagnostic and treatment centers), home care agencies (certified home health agencies, long term home health care programs, AIDS home care programs, licensed home care services agencies, limited licensed home care services agencies), hospices, adult care facilities"],"clause":"2.61. Prevention of COVID-19 transmission by covered entities. (a) Definitions. (1) \u0027Covered entities\u0027 for the purposes of this section, shall include: (i) any facility or institution included in the definition of \u0027hospital\u0027 in section 2801 of the Public Health Law, including but not limited to general hospitals, nursing homes, and diagnostic and treatment centers; (ii) any agency established pursuant to Article 36 of the Public Health Law, including but not limited to certified home health agencies, long term home health care programs, [AIDS home care programs, licensed home care service agencies, and limited licensed home care service agencies]; (iii) hospices as defined in section 4002 of the Public Health Law; and (iv) adult care facility under the Department\u0027s regulatory authority... (2) \u0027Personnel\u0027... shall mean all persons employed or affiliated with a covered entity, whether paid or unpaid, including but not limited to [employees, members of the medical and nursing staff, contract staff, students and volunteers, who engage in activities such that if they were infected with COVID-19, they] could potentially expose other covered personnel, patients or residents to the disease.... (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. Documentation of such vaccination shall be made in personnel records... (d) Exemptions. Personnel shall be exempt from the COVID-19 vaccination requirements... [medical exemption certified by a licensed physician or nurse practitioner]... documented... by: (i) September 27, 2021 for general hospitals and nursing homes; and (ii) October 7, 2021 for all other covered entities.","enforcement":"Public Health Law 12 (civil penalties); 10 NYCRR 2.61(e) (reporting; documentation open to Department inspection); licensure","functions":["HC home care agency aides","SN","RS","IC","HR","WF","IN"],"notes":"The emergency regulation names home care agencies and hospices as covered entities; the October 7, 2021 deadline fell after the quarter but the continuous-requirement, documentation and exemption obligations began Aug. 26, 2021.","sourceUrl":"https://regs.health.ny.gov/sites/default/files/pdf/emergency_regulations/Prevention%20of%20COVID-19%20Transmission%20by%20Covered%20Entities.pdf","snapshot":"","fileExists":true,"fileBytes":194565,"grade":"primary","character":"","description":"","collection":"SEC-04","url":"/library/SEC-04-058","exhibitUrl":"/exhibit/SEC-04-058","citation":"Public Health and Health Planning Council and Commissioner of Health, New York State Department of Health, 10 NYCRR 2.61 (emergency regulation) (Aug. 26, 2021) (Ex. SEC-04-058)","stateName":"New York","related":["SEC-04-057"]}