Executive Order No. 202.88, Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

The record

Jurisdiction

New York - Governor (Executive Order) implementing the Department of Health's vaccine program · New York

Level

State

Authority

Executive Law § 29-a (recited)

Issued

2021-01-04 Jan. 4, 2021

Effective

2021-01-04 ('through February 3, 2021') (read as 2021-01-04)

End

2021-02-03 (continued by later 202-series orders; EO 210 rescinded the series June 25, 2021) (read as 2021-02-03)

In force

Jan. 4, 2021 to Feb. 3, 2021

Quarters

2021 Q1

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Health care ordersWorkplace rulesVaccination or testingSupply chain

Addressees

• any healthcare facility, provider or entity allocated or receiving COVID-19 vaccine (hospitals, pharmacies, practices, local health departments, FQHCs)

Functions reached

• CL clinical operations (one-week administration deadline)
• SC vaccine supply (allocation forfeiture)
• OF reporting (12-hour NYSIIS/CIR reporting)
• HR nursing-home staff testing statewide
• CB patient base

Collection

State health department orders to licensed settings AGY-ST-HEALTH-SUBORDERS

Operative words

The modification in Executive Order 202.82 of Section 2168 of the Public Health Law and section 66-1.2 of Title 10 of the NYCRR is continued and modified only insofar as to require all influenza and COVID-19 vaccinations for any individual (child or adult) to be reported to NYSIIS or CIR, as applicable, within 12 hours of administration of such vaccine; Section 12 of the Public Health Law is hereby modified to the extent necessary to permit the Department of Health to assess the civil penalties established in this Executive Order;... Any healthcare facility, provider, or entity who has been allocated and has received COVID-19 vaccine, or who has received redistributed COVID-19 vaccine, must administer all such vaccine within one week of its receipt by such facility. Any healthcare facility, provider or entity who is not on pace to administer all vaccine must notify the Department of Health on the 5th day after receipt. This will be effective for any vaccine currently on hand at any healthcare facility, provider or entity as of January 4, 2020 [sic], and such remaining doses must be administered no later than January 8, 2020 [sic]. The failure to administer vaccine in accordance with this process may result in a civil penalty of up to $100,000, and/or reduction or elimination of future allocations of vaccine.... The directive contained in Executive Order 202.73... requiring testing of nursing home staff as directed by the Commissioner of Health is hereby modified to authorize the Commissioner of Health to set forth testing of all personnel at such facility in any area of the state irrespective of location in a micro-cluster zone.

Enforcement

Notes