New York ending vaccine requirement for health care workers

The state is ending its COVID-19 vaccine mandate for hospital and health care workers and will no longer enforce the requirement, officials announced late Wednesday.

State Health Department officials said the repeal of the regulation must allow 60 days for public comment and is not likely to take effect until the fall.

In a statement, the agency said while it would not enforce the vaccine requirement, employers could implement their own policies regarding COVID vaccinations.

State officials said the decision whether to rehire workers who refused to comply with the mandate is up to the individual health systems and operators.

While an attorney for workers suing the state over the vaccine mandate declared a win Wednesday night, the state said the requirement “served as a critical public health tool, helping to protect both health care workers and the patients under their care.”

“Due to the changing landscape of the COVID-19 pandemic and evolving vaccine recommendations, the New York State Department of Health has begun the process of repealing the COVID-19 vaccine requirement for workers at regulated health care facilities,” the agency said in a statement.

State figures show more than 1 million employees were covered by the requirement. About 3% — or more than 36,000 health care workers — were furloughed, terminated or decided to resign or retire rather than comply, as of April 2022.

Attorney Sujata Sidhu Gibson had filed the lawsuit on behalf of state health care workers covered by the vaccine mandate. 

The repeal announcement came the same day as lawyers for the state Attorney General’s office were headed to court to appeal a state court decision striking down the mandate.

The state "finally backed down,” Gibson said. “They finally repealed this mandate which has hurt so many people and crippled our health care infrastructure in this state.”

The repeal must be approved by the Public Health and Health Planning Council, which has meetings scheduled for June and September. The first meeting of the full council is Sept. 7.

The controversial mandate covered workers at hospitals, nursing homes, diagnostic treatment centers and other facilities.

Despite the state's announcement, Gibson said Wednesday night that the lower court decision should stay in place.

“It is really important and explains what the limits of the public health agency are in terms of vaccine mandates,” she said.

Northwell Health, the state's largest health care employer, will continue to require its employees be vaccinated against COVID-19 but will evaluate that policy on a regular basis, said spokesperson Barbara Osborn. 

Al Cardillo, president and chief executive of the Home Care Association of New York State, said he supports repealing the mandate because it will help with staffing shortages.

“We are looking forward to further clarification,” Cardillo said. “Recruitment and retention of staff is very difficult and we don’t need any other impediments to that.”

Cardillo said he also wants to know whether people who either were fired or left their jobs due to the mandate will be rehired.

“I don’t know whether people will be hesitant to come back,” he said. “They will be wondering what will happen if there is a surge in September. Will they once again be faced with this mandate again or this kind of policy?”

By Lisa L. Colangelo

lisa.colangelo@newsday.com@lisalcolangelo

Lisa joined Newsday as a staff writer in 2019. She previously worked at amNewYork, the New York Daily News and the Asbury Park Press covering politics, government and general assignment.