As we previously reported, on January 13, 2023, Onondaga County Supreme Court Justice, Gerard J. Neri struck down the state’s regulation which was implemented in August of 2021, requiring covered healthcare entities to ensure that their “personnel” are “fully vaccinated” against COVID-19, rendering the law invalidated. However, on January 27, 2023, the NY Commissioner of Health, Governor Hochul and the New Department of Health (DOH) moved for a stay of enforcement of the injunction, pending an appeal of the ruling.
On February 28, 2023, a stay of the injunction was granted providing that the appeal is finalized and filed with the court by March 20, 2033. If filed by this deadline, the case would be heard by the court during their next term (on or about May 15).
Next Steps for Employers
In the interim, the stay means that the mandate requiring personnel of covered healthcare providers be fully vaccinated against COVID-19 is reinstated pending a decision on the appeal.
Employers who are still uncertain whether their entity falls within the scope of this law should also consult legal counsel for additional guidance.
HR Works will also continue to monitor this topic and provide updated information as it becomes available.
