A New York court ruling striking down the state’s COVID-19 vaccination mandate for healthcare workers won’t have much of an impact on senior living providers who continue to face a workforce crisis, according to industry experts.
Jan. 13, Onondaga County Supreme Court Judge Gerard Neri sided with a group of medical professionals who sued the state, arguing that the mandate was “arbitrary and capricious” and did not prevent the spread of the virus. Neri ruled that the state Department of Health acted outside of its authority.
According to published reports, the state is exploring its options and intends to file an appeal to have Neri’s decision overturned.
But Stephen Hanse, president and CEO of the New York State Health Facilities Association / NYS Center for Assisted Living, told McKnight’s Senior Living said the ruling won’t really address the long-term care workforce crisis facing the state. Hanse said that those who did not want to be vaccinated already have left the sector, and those who received the vaccine either are still working in healthcare or have moved on to other jobs.
“I don’t see the court’s decision resulting in any substantive growth in workers coming into long-term care,” Hanse said. “Our primary focus right now is the healthcare workforce crisis in New York and the severe underfunding of Medicaid in nursing homes and assisted living facilities.”
NYSHFA / NYSCAL joined LeadingAge New York, the Greater New York Health Care Facilities Association and healthcare unions in calling on Gov. Kathy Hochul (D) to implement a 20% Medicaid rate increase in the upcoming fiscal year 2023-2024 state budget to help address the workforce crisis.
“We need our workforce to grow, and the only way we will do that is with a real investment for nursing homes and assisted living in New York,” Hanse said.
Lisa Newcomb, executive director of the Empire State Association of Assisted Living, said that it will remain unclear how the court’s ruling will affect providers until the state responds. Newcomb also has stated that the workforce crisis is the sector’s top priority.
The state’s vaccine mandate, initially issued in August 2021 by then-Gov. Andrew Cuomo (D), was adopted as a permanent regulation in June 2022. The mandate required adult care facilities, including assisted living communities, and other long term care and healthcare providers, to develop and implement an employee vaccination mandate.
New York’s vaccination mandate for healthcare workers faced earlier hurdles when a federal judge issued a temporary restraining order blocking vaccination mandates in fall 2021 following a lawsuit filed by healthcare workers, including assisted living workers, regarding a violation of their constitutional rights.
Back in 2021, New York was among several states announcing vaccine mandates for long-term care and other healthcare workers, and industry groups encouraged vaccination or announced their support for vaccine mandates.
Federal bill would prevent future mandates
Thursday, US Rep. Claudia Tenney (R-NY), reintroduced the Health Freedom for All Act to prevent the federal Occupational Safety and Health Administration from “overstepping its congressional authority” by enacting a COVID-19 vaccine mandate.
In November 2021, OSHA issued a COVID-19 vaccine mandate for large employers, along with weekly testing for unvaccinated employees. OSHA subsequently suspended enforcement. The mandate was blocked by the US Supreme Court in January 2022, and then OSHA withdrew it.
Tenney’s bill, originally introduced in the House in September 2021, clarifies that under existing law, OSHA does not have the authority to implement rules requiring Americans to undergo COVID-19 vaccination or testing.
Tenney joined nine other members of Congress in signing a letter to Hochul earlier this month blaming the state’s “draconian” vaccine mandate for “disastrous staffing shortages that are hampering our state’s healthcare system.” The lawmakers urged the governor to rescind the COVID-19 vaccine mandate for New York’s healthcare workers.
