New York to drop COVID vaccine requirement for health care workers after September

ALBANY – The New York State Department of Health is dropping its vaccination requirement for healthcare workers by this fall following a legal challenge.

“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 healthcare facilities,” the department said in a statement.

Officials announced the move Wednesday while pressing a Rochester appellate judge to throw out a lawsuit challenging the mandate before the courts could officially declare the state lacked the power for such a vaccine mandate.

Approximately 30,000 healthcare workers have lost their jobs in recent years after refusing to get vaccinated against COVID-19 out of roughly 1 million people covered by the mandate, according to the Department of Health.

A state Supreme Court judge struck down the rule in January following a lawsuit launched by the group Medical Professions for Informed Consent, which named then-DOH commissioner Dr. Mary Bassett as a respondent.

The state subsequently appealed that ruling in an apparent bid to preserve its authority for vaccine mandates in the future.

While the department has ceased enforcement actions on the COVID-19 mandate for healthcare workers, bureaucratic hurdles mean the vaccine rule will remain officially in place until September at the earliest.

As the repeal of this regulation awaits consideration for approval by the Public Health and Health Planning Council, the Department will not commence any new enforcement actions. 

“However, it should be noted that facilities should continue to implement their own internal policies regarding COVID-19 vaccination.”