NYS DOH Clarifies Home Care Vaccination Requirements

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Consumer Directed Personal Assistance - Self-directed home care for people with disabilities

The Consumer Directed Personal Assistance Association of New York State, (CDPAANYS) sent this email on Tuesday, September 21, 2021:

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There are significant concerns surrounding potential vaccine mandates and the impact they will have on the availability of a CDPA workforce that already finds itself at crisis levels. Therefore, we want to make sure that everyone is aware that the New York State Department of Health has put out a new FAQ clarifying that fiscal intermediaries, consumers, and PAs in CDPA will not, in most instances, be required to get the COVID-19 vaccine in order to continue working.

Based on the guidance, there may be limited circumstances where FI staff (those who work in the agency) may be required to get a vaccine, and even more limited circumstances where a consumer or PA may be required to get the vaccine themselves. If you find yourself in this situation and are not willing or able to be vaccinated, explore whether there are options that can prevent the mandate from applying, such as direct deposit or other measures.

This decision is only applicable as it relates to NYS Department of Health requirements. President Biden has also indicated he is putting in place different requirements that we are continuing to pay attention to; but, which are not final.

We also note that this decision does not prevent consumers from requiring that your PAs be vaccinated, noting that if you do, you must allow for health exemptions. Further, it does not prevent FIs from instituting a mandate for your internal FI staff. Our interpretation is that it would prevent FIs (or managed care companies) from requiring that PAs be vaccinated, again - in most instances.

At CDPAANYS, we do strongly encourage everyone who is medically able to get the vaccine. While we are thrilled that the mandate does not apply, we note that all three vaccines that are available, have been studied tremendously, and were deemed by scientists to be safe and effective in clinical trials that have been published widely, are peer reviewed, and are available for your own review, if you possess that technical expertise. Further, getting the vaccine not only protects you - but your family and the consumers with whom you work and/or the PAs who work for you. While those working as PAs in CDPA are not mandated to get the shot, if you are able to and have not done so already, we strongly encourage you to go get one today. It is free, and will go a long way to improving your safety and continue moving us forward.