On October 4, 2023, the COVID-19 vaccine mandate for health care workers in New York will officially be repealed. On September 18, 2023, the New York State Department of Health (NYSDOH) submitted a Notice of Adoption to repeal 10 N.Y.C.R.R. 2.61 (the Regulation), which was the emergency regulation requiring covered health care employers to ensure that their personnel were fully vaccinated against COVID-19.  

Read More >> New York State Officially Repeals the COVID-19 Vaccine Mandate for Health Care Workers

Since the announcement of the end of the federal Public Health Emergency, many clients have inquired as to the status of New York’s COVID-19 Paid Leave Law. 

As a quick recap, on March 18, 2020, in the infancy of the COVID-19 pandemic, then-Governor Cuomo signed a bill that guaranteed certain paid and unpaid leave benefits for New Yorkers subject to a mandatory or precautionary order of quarantine or isolation as a result of COVID-19 (COVID Paid Leave). While the law has remained the same since its enactment, its application has changed as the State and Federal rules regarding quarantine and isolation have changed. For example, at the beginning of the pandemic, the State issued its own rules regarding quarantine and isolation, but now relies exclusively on guidance from the Centers for Disease Control and Prevention to determine appropriate quarantine and isolation protocols.

Read More >> Is The End Near? COVID Paid Leave Developments

On June 5, 2023, the Centers for Medicare and Medicaid Services (CMS) published a final rule withdrawing the requirement that employees of CMS covered health care providers be vaccinated against COVID-19. You may recall that CMS issued an interim final rule in November 2021 that required Medicare- and Medicaid-certified providers to ensure the vaccination of their staff members. The final rule published today effectively eliminates that requirement.

Read More >> CMS Issues Final Rule Withdrawing Health Care Staff COVID-19 Vaccination Requirement

On Aug. 26, 2021, the New York State Department of Health (DOH) implemented an emergency regulation requiring covered health care employers, including hospitals, to “continuously” ensure that their “personnel” are fully vaccinated against COVID-19. See N.Y. Comp. Codes R. & Regs. Tit 10, § 2.61 (the DOH Mandate). The DOH Mandate stated that healthcare personnel were required to receive a first dose of a COVID-19 vaccine by Sept. 27, 2021 “absent receipt of an exemption as allowed” by the regulation. The DOH Commissioner permanently adopted the DOH Mandate in June 2022.

Read More >> New York Department of Health Commissioner Recommends Repeal of the Healthcare Worker Vaccine Mandate

As covered in our previous blog post, in January 2023, Onondaga County Supreme Court Justice, Hon. Gerard J. Neri, struck down a regulation adopted by the New York State Department of Health (NYSDOH) – 10 N.Y.C.R.R. § 2.61 (the Regulation) – requiring covered healthcare entities to ensure that their “personnel” are “fully vaccinated” against COVID-19. The NYSDOH, the Commissioner of Health, Governor Hochul (collectively, Respondents) filed a Notice of Appeal, indicating their intention to appeal Judge Neri’s decision in its entirety. Shortly thereafter, on Jan. 27, 2023, Respondents moved for a stay of enforcement of Judge Neri’s Order during the pendency of their appeal.

Read More >> Appellate Division Stays Invalidation of Healthcare Vaccine Mandate

On Jan. 13, 2023, Onondaga County Supreme Court Justice, Hon. Gerard J. Neri, struck down a regulation adopted by the New York State Department of Health (NYSDOH) – 10 N.Y.C.R.R. § 2.61 (the Regulation) – requiring covered healthcare entities to ensure that their “personnel” are “fully vaccinated” against COVID-19.[1] Judge Neri invalidated the Regulation on several grounds, holding that the NYSDOH exceeded its authority in implementing the Regulation and that the Regulation lacked a rational basis given the NYSDOH’s acknowledgement that the mandate does not prevent transmission.[2]

Read More >> Update Regarding New York’s Healthcare Vaccine Mandate

With the onset of the COVID-19 XBB.1.5 variant, more employees are in need of time off from work this winter to recover from unfortunate illness. Below is a quick update for employers on the current state of COVID-19 paid leave laws available to employees:

Read More >> COVID-19 Legal Check-Up: Where Are We Now?

In August 2021, the New York State Department of Health (NYSDOH) implemented an emergency regulation – 10 N.Y.C.R.R. § 2.61 (the Regulation) – requiring covered healthcare entities to ensure that their “personnel” are “fully vaccinated” against COVID-19. The NYSDOH Commissioner permanently adopted the regulation in June 2022. Commonly referred to as a COVID-19 vaccine mandate for healthcare workers, the Regulation has been the subject of several legal challenges in both state and federal courts.

Read More >> New York’s Healthcare Vaccine Mandate Comes Under Fire . . . Again

On Sept. 14, 2022, the New York State Department of Health (NYSDOH) issued updated COVID-19 quarantine and isolation guidance, which effectively replaces the guidance from May 31, 2022. According to the September 14 guidance, the NYSDOH will now follow the Centers for Disease Control and Prevention’s (CDC) guidelines on quarantine and isolation.

Read More >> New York State Adopts the CDC’s COVID-19 Quarantine and Isolation Guidance

Last week, a New York State Supreme Court judge ruled that New York’s regulation establishing isolation and quarantine procedures related to COVID-19 and other highly communicable diseases is void and unenforceable.

Read More >> Judge Declares New York’s COVID-19 Isolation and Quarantine Regulation Unenforceable

In February 2021, New York State Attorney General, Letitia James, filed a lawsuit against Amazon alleging that the retailer failed to sufficiently prioritize hygiene, sanitation and social distancing at its fulfillment center and delivery station in New York City.¹ The Complaint also alleged that Amazon unlawfully terminated employees at those locations who complained about conditions they perceived to be unsafe.² The Complaint asserted causes of action under various sections of the New York Labor Law (NYLL), including Sections 200, 215 and 740, all of which “relate to the obligations of New York businesses to adequately protect the health and safety of employees and to refrain from discrimination or retaliation against employees who complain about potential NYLL violations.”³

Read More >> Appellate Division Holds Attorney General’s COVID-19 Retaliation Claims are Preempted by Federal Law

On April 1, 2022, New York’s Public Health Law § 2895-b regarding nursing home staffing levels went into effect. The law, initially meant to take effect on Jan. 1, 2022, was suspended by executive order in light of ongoing staffing shortages caused by the COVID-19 pandemic. On March 31, 2022, Gov. Hochul declined to extend the suspension. Nursing homes across New York must now comply with this law.

Read More >> New York’s Nursing Home Minimum Staffing Levels Law Takes Effect