PHHPC to Address Four Pandemic Relating Emergency Regulations

October 22, 2021

By: Raul A. Tabora, Jr. and Gabriel S. Oberfield, Esq., M.S.J.

On Oct. 26, 2021, the Public Health and Health Planning Council (PHHPC), will be considering four regulations for emergency adoption:

  1. Hospital and Nursing Home Personal Protective Equipment (PPE) Requirements:
    1. Amendment of Sections 405.11 and 415.19 of Title 10 NYCRR; 
  2. COVID-19 Vaccinations of Nursing Home and Adult Care Facility Residents and Personnel:
    1. Addition of Subpart 66-4 to Title 10 NYCRR; 
  3. Surge and Flex Health Coordination System:
    1. Addition of Sections 1.2, 700.5 and Part 360 to Title 10 NYCRR; Amendment of Sections 400.1, 405.24 & 1001.6 of Title 10 NYCRR and Sections 487.3, 488.3 and 490.3 of Title 18 NYCRR; and 
  4. COVID-19 Confirmatory Testing:
    1. Amendment of Section 405.11 and Addition of New Sections 77.13, 77.14 and 415.33 to Title 10 NYCRR. 

Each of these would formalize policies deriving from the operational experience of the pandemic, addressing:

  1. Personal protective equipment reserves; 
  2. The affirmative obligation of affected providers to offer COVID-19 vaccination; 
  3. Standards to balance and redistribute healthcare resources during emergencies; and 
  4. Obligations to seek COVID-19 testing in instances when COVID-19 is suspected.

Among its responsibilities, PHHPC is charged with “adopting and amending … health care facility, home care agency, and hospice operating regulations.” The discussion will be held under the auspices of PHHPC’s Committee on Codes, Regulations and Legislation. More information on the meeting is here. This meeting is available for live viewing and will be archived for later review.

Bond attorneys will be tracking the proceedings and will provide further updates as they are warranted.

Should you have any questions on this, please feel free to contact any of the attorneys in our Health Care practice for additional information.