State Trial Court Enjoins State Health Care Personnel Vaccination Mandate

Last week, a New York State Supreme Court judge issued a decision enjoining enforcement of the State's health care personnel vaccination mandate on the grounds that the Department of Health (DOH) had exceeded its statutory authority and acted capriciously. The implications of the decision by the trial-level court are not immediately clear. In a statement to the Associated Press, DOH indicated that it is "exploring its options." The State has 30 days from the entry of the order to appeal the ruling, and often court orders against the State are stayed pending appeal.

For providers that are subject to the federal health care personnel vaccination mandate, such as nursing homes, certified home health agencies (CHHAs), hospice programs, and Programs of All-Inclusive Care for the Elderly (PACE programs), the decision is likely to have little impact. The federal mandate remains in effect.

For providers that are subject only to the State vaccination mandate, such as licensed home care services agencies (LHCSAs) and adult care facilities (ACFs), the viability of the mandate is in question. Although the law is currently unenforceable, an appeal and a stay could resurrect it. Similarly, the passage of legislation mandating COVID-19 vaccinations could remedy the defects found by the court.

LeadingAge NY will keep members informed of any developments in relation to the vaccination mandate.

Contact: Karen Lipson, klipson@leadingageny.org