New York State Department of Health (DOH) officials have decided to allow its mask mandate for certain health care providers to lapse on February 12, 2023. Previously, the DOH mandated that “Health Care Settings,” as defined in the DOH’s September 7, 2022 Determination on Masking in Certain Indoor Settings, were required to mandate masks for staff, patients, and visitors in accordance with the rule. This position was despite CDC’s recommendations loosening mask mandates last fall. This determination applied specifically to facilities or entities regulated under Articles 28, 36, and 40 of the Public Health Law, including hospitals and surgery centers, as well as adult care facilities, specialty hospitals certified by OPWDD, services regulated by OASAS, and settings regulated by OMH.
What does this mean? Health Care providers may now make their own determination on a mask mandate in their facility and create relative policies. DOH is requesting that facilities follow CDC guidance and come up with their own plan when masking may be required based on cases, not vaccine status. It is important to remember that many scenarios may still require the use of masks or respirators in a health care setting, including guidance of CDC for health care settings and requirements of Occupation Safety and Health Administration.
If your facility, practice, or center is looking for guidance on when to require masks, or would like assistance creating and enforcing mask mandates going forward, please contact our Garfunkel Wild team to assist. Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at [email protected].