New York State Department of Health Announces End of Required COVID-19 Masking

The New York State Department of Health issued a COVID-19 advisory for the use of masks and face coverings in healthcare facilities which stated that required masking in healthcare settings would end February 12, 2023. They said this aligns the State’s guidance with the latest federal recommendations from the Centers for Disease Control and Prevention (CDC).

The Department said they continue to affirm the importance of masking as a vital and effective infection prevention strategy. The new guidance, which went into effect on Feb. 12, advises all operators to develop and implement a masking plan for staff and visitors at their facilities, which includes COVID-19 and uses Transmission Levels, as a minimum threshold.

The advisory, sent as a Dear Administrator Letter, was issued to all facilities and entities regulated by the Department under Articles 28, 36, and 40 of the Public Health Law. This includes hospitals, nursing homes, home healthcare and hospice agencies, and diagnostic and treatment centers.

As laid out by the Department, these facilities are expected to follow previously established and required policies for the control of infectious diseases, including COVID-19, that at a minimum adhere to CDC’s guidance and Transmission Levels system. At any given time, the Department expects facilities’ plans to include the policies and procedures necessary to implement a masking requirement when COVID-19 transmission levels are high enough to trigger that recommendation by CDC. Department-regulated facilities may also set requirements that go beyond CDC’s guidance, based on their unique circumstances.

The Department recommends that New York adult care facilities follow CDC’s community guidance and guidance for congregate living settings. Facilities and programs operating under the authority of another State agency should follow the masking requirements of that agency.

Compliance Perspective

Issue

Healthcare facilities must remain vigilant against the spread of COVID-19 and other infections. Nursing homes often serve residents at great risk of severe illness and death from COVID-19, and congregate care settings have an increased risk of spread of respiratory infections. Strategies to help decrease the spread of COVID-19 include vaccination and appropriate usage of well-fitting face masks along with other CDC recommendations.

Discussion Points

    • Review infection control policies and procedures to ensure that all guidelines for preventing the spread of COVID-19 are in place and being followed. Also develop and implement policies for staff and visitor masking based on CDC and State guidelines.
    • Educate staff on the importance of infection control and COVID-19 vaccinations and boosters. Also educate staff on the appropriate usage of well-fitting face masks.
    • Periodically audit to ensure that all staff are following proper infection control procedures. Also audit to ensure that your facility’s infection prevention and control plan contains the most current CDC guidance and is being followed by all staff members. Provide additional education as needed.

*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*

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