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Ex. SEC-04-058 Order Primary source read

10 NYCRR 2.61 (emergency regulation)

Prevention of COVID-19 Transmission by Covered Entities

Public Health and Health Planning Council and Commissioner of Health, New York State Department of Health · New York (State)

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The record

Jurisdiction
New York
Level
State
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)
Issued
2021-08-26 Aug. 26, 2021
Effective
2021-08-26 ('Effective date: 8/26/21') (read as 2021-08-26)
End
Readopted and later repealed (post-period) (read as 2021-09-30)
In force
Aug. 26, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Health care ordersWorkplace rulesVaccination or testing
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
Functions reached
  • HC home care agency aides
  • SN
  • RS
  • IC
  • HR
  • WF
  • IN
Collection
Home Care, Nursing and Senior Living SEC-04

Operative words

2.61. Prevention of COVID-19 transmission by covered entities. (a) Definitions. (1) 'Covered entities' for the purposes of this section, shall include: (i) any facility or institution included in the definition of 'hospital' 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's regulatory authority... (2) 'Personnel'... 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

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.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.