Plugged In To Covid-19

April 14, 2021

Coverage of State Actions Surrounding COVID-19

Since the emergence of SARS-CoV-2, the virus that causes coronavirus disease in late 2019, the state has been required to implement mitigation strategies, as well as provide resources for communities and institutions. To help keep clients informed and up to date on the pandemic, the Team at Hinman Straub has released Plugged In To COVID-19; a daily newsletter providing coverage of NY state actions.

What’s Inside Plugged In To COVID-19

Governor’s Briefings and Announcements
NY Pauses the Administration of J&J Vaccine
Guidance on COVID-19
Updated Links and Resources

Governor’s Briefings and Announcements on COVID-19

During the Governor’ most recent presentation, he provided an update on statewide COVID-19 data and activity as of 4/12/2021. The overall statewide positivity rate is 3.9%. Statewide hospitalizations total 4,175, with ICU admissions associated with COVID-19 totaling 869, of which 564 are intubated. The Governor also confirmed that, on the previous day, 58 New Yorkers have passed away as a result of COVID-19.

The Department of Health data shows that certain regions such as Western New York (4.8%) and Staten Island (4.2%) have reported slight increases in positivity rates and the Governor associates the increases to human behavior and a sense of “COVID-19 fatigue” being felt in some areas across the State.

New York has administered over 12 million doses of the COVID-19 vaccine, and roughly 25% of New York residents have been fully vaccinated, and roughly 38% of the State has received at least one dose. Amongst hundreds of pop-up vaccination sites statewide and the state and local run mass vaccination sites, the “Javits Center is one of the highest performing and best vaccination sites in the country.”

Today the Governor announced a new targeted effort to vaccinate workers at farms and food production facilities across the state. New York will partner with Federally Qualified Health Centers (FQHCs) to bring pop-up vaccination sites to worksites.

Earlier, Governor Cuomo also announced that SUNY and CUNY schools will be allowed to administer the COVID-19 vaccines to students on campuses, and is also asking private colleges to participate as well. The State will provide the private colleges with vaccines, so that they can administer on site as well. The goal is to get as many students vaccinated as possible before students take off for the summer.

NY Pauses the Administration of J&J Vaccine

On April 13, 2021, the NYS Department of Health (DOH) Commissioner Dr. Howard Zucker released a statement regarding a joint recommendation by the CDC and the FDA that calls for a pause in the use of the Johnson & Johnson (J&J) COVID-19 vaccine.

According a joint statement released this morning, the “CDC and FDA are reviewing data involving six reported U.S. cases of a rare and severe type of blood clot in individuals after receiving the J&J vaccine.” Out of an abundance of caution, the CDC and FDA recommend pausing the use of the J&J vaccine until a further review and investigation have been completed.

Dr. Howard Zucker’s stated that “New York State will follow the CDC and FDA recommendation and pause the use of the Johnson & Johnson vaccine statewide immediately today while these health and safety agencies evaluate next steps.”

Individuals with appointments to receive the Johnson & Johnson (J&J) vaccine at a state mass vaccination site will receive the first dose of Pfizer vaccine as a replacement.

The CDC will convene a meeting of the Advisory Committee on Immunization Practices (ACIP) to further review the cases related to the J&J COVID-19 vaccine, and the FDA will review that analysis as their investigation into these case continues.

Guidance on COVID-19

Department of Health (DOH):

Update to NYS COVID-19 Vaccine Program Guidance – The DOH has updated guidance for the state COVID-19 Vaccination Program that reflects most recent changes in effect as of April 6^th, permitting all individuals that reside, study, or work in New York age 16 and older to be eligible to be vaccinated.

This update makes changes to previously issued guidance which directed that enrolled providers prioritize the vaccination of certain eligible groups, and relaxes prioritization requirements such that all providers enrolled in the NYS vaccine program may vaccinate any eligible individual. Technical changes regarding proof of eligibility are also included in this update as well as a new requirement for minors, between 16 and less than 18 years of age, to present identification that verifies their age or have a parent/legal guardian present to attest on their behalf, or provide in-person or verbal consent for the vaccination at each dose, with certain exceptions. Further, under this guidance, minors are not authorized to receive the Janssen or Moderna COVID-19 vaccines, rather they are only authorized to receive the Pfizer/BioNTech COVID-91 Vaccine.

The DOH also makes technical changes regarding the limited exceptions for the use of remaining doses to prevent waste, primarily as a result of expanded vaccination eligibility which allows these doses to be administered to any eligible individual. All reporting requirements for enrolled providers remain in effect.

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Update to NYS Travel Advisory – April 10, 2021 – This updated travel guidance more closely aligns with the CDC requirements and recommendations for domestic and international travel released on April 2, 2021. The DOH clarifies definitions for “fully vaccinated” and “recently recovered” in this guidance, and supports the CDC recommendations to delay international travel until fully vaccinated.

The primary changes to the travel advisory include the following:

Domestic Travel: No quarantine, work furlough, or testing requirements for asymptomatic domestic travelers, regardless of vaccination status or whether the traveler has recently recovered from COVID-19, with two exceptions:

Unvaccinated health care personnel who have not recovered from COVID-19 in the past 3 months and who work in nursing homes, enhanced assisted living residences (EALRs) or assisted living programs (ALPs) must furlough for 14 days after arrival in New York, consistent with CDC recommendations to avoid contact with people at higher risk for severe disease for 14 days after travel; and
All unvaccinated domestic travelers who have not recovered from COVID-19 in the past 3 months are recommended to get tested 3-5 days after arrival in New York, consider non-mandated self-quarantine (7 days if tested on day 3-5, otherwise 10 days), and avoid contact with people at higher risk for severe disease for 14 days, regardless of test result.

International Travel: DOH provides that asymptomatic international travelers are no longer required to quarantine, work furlough, or test after travel (in accordance with CDC recommendations) after international travel, with the following exceptions:

Unvaccinated health care personnel who have not recovered from COVID-19 in the past 3 months and who work in nursing homes, enhanced assisted living residences (EALRs) or assisted living programs (ALPs) must furlough for 14 days after arrival in New York from international travel, consistent with CDC recommendations to avoid contact with people at higher risk for severe disease for 14 days after travel.
Unvaccinated health care personnel who have not recovered from COVID-19 in the past 3 months working in all other health care settings must furlough for 7 days with a test on day 3-5 after arrival in New York from international travel, or furlough for 10 days if not tested.
Fully vaccinated individuals who have not recovered from COVID-19 in the past 3 months are recommended to get tested 3-5 days after arrival in New York from international travel.
All unvaccinated international travelers who have not recovered from COVID-19 in the past 3 months are recommended to get tested 3-5 days after arrival in New York, consider non-mandated self-quarantine (7 days if tested on day 3-5, otherwise 10 days), and avoid contact with people at higher risk for severe disease for 14 days, regardless of test result.

This guidance supersedes the previous guidance issued by the Department on April 1, 2021. To view the updated Travel Advisory in its entirety, click here.

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Updated Guidance for Graduation & Commencement Ceremonies – This updated guidance provides information on additional celebration options for colleges, universities and schools to consider when planning graduation and commencement ceremonies. This includes guidelines, effective May 1, 2021, for holding outdoor and indoor graduation or commencement ceremonies as well as guidelines for virtual and drive-in or drive-through ceremonies and celebrations.

Additionally, effective June 1, 2021, end of school year social gatherings organized by educational institutions (e.g., proms and balls) are permitted to occur, in accordance with the details outlined in this guidance. This updated guidance supersedes the June 14, 2020 guidance for “Graduation Celebrations during the COVID-19 State of Emergency”.

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Updated Guidance for School Administrators Regarding Limited Temporary Enforcement of Student Immunization Requirement – on April 9th, DOH has announced it will continue to exercise discretion, and will not enforce the provisions of Public Health Law § 2164(7) related to required vaccinations for students to attend school, through the end of the 2020-21 school year, June 30, 2021. This will apply for students attending school exclusively through remote learning.

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Interim Guidance for In-Person Instruction at Pre-K to Grade 12 Schools – This updated guidance makes changes to the minimum standards for all elementary (including pre-kindergarten), middle, and high schools, as well as their employees, contractors, students, and parents/legal guardians of students to adhere to during the COVID-19 Public Health Emergency. Among other things, changes to this guidance include the following.

Physical distancing is no longer uniformly six (6) feet, but can be reduced to three (3) feet in certain instances, including elementary schools; and three (3) feet in middle and high schools if the local transmission rate is at or below a certain level. Additional exceptions are included
NYS DOH will not approve changes to plans. Plan changes must be developed in consultation with all stakeholders and local health departments are responsible for enforcement
Masks must be worn at all times; with exceptions for developmental and physical appropriateness.
Recommends improvements in air quality through significant changes to ventilation systems and operation requirements.

This updated guidance is intended to align with the most recent CDC recommendations on how to prioritize safe in-person learning in schools while adhering to layered mitigation strategies. To view the CDC’s March 19^th updated guidance in its entirety, click here.

NY State Education Department (NYSED) –

School District Budget Coding of Federal Education Stimulus Funding – NYSED has issued a notification to School District Superintendents and Business Officers and BOCES District Superintendents, informing them that the NYS Office of the State Comptroller (OSC) has deemed the federal education stimulus funds received under the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSA Act) and the American Rescue Plan Act of 2021 (ARPA) as special aid funds, and is recorded as such in accordance with State Law.