New York State Health Commissioner Dr. James McDonald declared that influenza is now prevalent in New York State. The declaration requires that healthcare workers who have not received this year’s flu vaccine wear masks in certain healthcare settings. The declaration requires unvaccinated healthcare workers in healthcare and residential facilities and agencies regulated by the Department to wear surgical or procedure masks during those times when the Commissioner declares that influenza is prevalent in New York State. These facilities include but are not limited to: hospitals, nursing homes, diagnostic and treatment centers, certified home health agencies, long-term home healthcare programs, AIDS home care programs, licensed home care service agencies, limited licensed home care service agencies, and hospices. Amendments to the regulations allow for the removal of masks when healthcare workers are accompanying patients in the community, providing speech therapy services, or communicating with persons who lip read.