On May 5, 2021, New York State Governor Andrew Cuomo signed the New York Health and Essential Rights Act (“NY HERO Act), which mandates employers to implement extensive workplace health and safety protections from future airborne infectious diseases. The HERO Act applies to all employers with worksites located within New York State, except for government employers and healthcare employers who are covered by the federal Occupational Health and Safety Administration’s Emergency Temporary Standards (discussed in our previous legal briefing).
On July 7, 2021, the New York Department of Labor issued new Airborne Infectious Disease Exposure Prevention Standards and a general Model Airborne Infectious Disease Exposure Prevention Plan. In addition to the general model plan (applicable to all covered employers), the Department of Labor also issued additional model plans that specifically address the unique health and safety concerns in several industries including agriculture, construction, retail, food services, and others.
With the release of the model standards and policies, employers now have until August 6, 2021 to establish their airborne infectious disease exposure prevention plans. Employers may adopt the model plan or create their own plan. If employers do choose to create their own plan, they face several requirements – including minimum standards and collaboration with employees and collective bargaining units.
Within 30 days of adopting a plan, employers must provide a written copy to employees, post it in a conspicuous location in each worksite, and add it to their employee handbook. Moving forward, the plan must be provided to all new employees upon hiring. If in the future, the worksite closes due to an airborne infectious disease, the employer must provide a written copy of the plan to employees within 15 days of reopening.
At this time, employers only need to adopt and provide written notice of an airborne infectious disease prevention plan. The safety measures in the plan do not need to be implemented until such time that the New York State Commissioner of Health designates an airborne infectious agent or disease as a highly contagious communicable disease that prevents a serious risk of harm to the public health. In other words, employers are not required to implement the plan for each flu season or other endemic infectious disease. Until such time that the Commissioner of Health publicly designates a particular airborne infectious disease as triggering implementation of the plan, employers are not required to perform the plan’s safety measures.
In the event that the Commissioner of Health makes a future designation, employers will be required to review the plan, update it if necessary to conform with current information and government guidelines, activate the plan at each worksite, and provide written copies to each employee. During the duration of the airborne infectious disease designation, employers must ensure that employees adhere to the plan. Employers will need to assign a non-supervisory employee to enforce the plan’s requirements, monitor and maintain exposure controls, and keep up to date on information and guidance issued from the Department of Health and Centers for Disease Control and Prevention.
Employers who fail to adopt or comply with an appropriate plan could face significant penalties, including monetary fines of up to $10,000.00. Employers should take immediate action to adopt a plan and ensure compliance with all statutory requirements.
Our team has extensive experience in counseling businesses on labor and employment matters and regulatory compliance. If you have any questions about this Legal Briefing or whether your airborne infectious disease prevention plan complies with NY HERO Act requirements, please contact any member of the Firm at (585) 730-4773.
NYS Department of Labor Issues HERO Act Model Policy and Standards – Compliance Deadline L
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This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2021 Law Offices of Pullano & Farrow PLLC
COVID-19 disrupted both in-person learning and routine well-child visits for many children over the last year. As a result, too many children have fallen behind on receiving recommended vaccines1. We all want our kids to be back in school safely, and that means getting caught up on vaccines that were missed over the last year. CDC’s public sector vaccine ordering data show a 14% drop in 2020-2021 compared to 2019, and measles vaccine is down by more than 20%. Kids need to get caught up now so that they are protected as they go back to in-person learning. Catch-up vaccination will require efforts from healthcare systems, health care providers, schools, state and local governments, and families.
Healthcare systems and healthcare providers should:
Healthcare provider organizations should:
Schools and state and local governments agencies should:
We all should:
Help us protect children by doing what you can to get kids caught up on recommended vaccines.
Sincerely, Nancy Messonnier, MD Senior Official, CDC COVID-19 Vaccine Task Force Director, National Center for Immunization and Respiratory Diseases
1 Centers for Disease Control and Prevention. General Best Practice Guidelines for Immunization: Vaccination Programs. ACIP Vaccination Programs Guidelines for Immunization | Recommendations | CDC. Accessed March 21, 2021.
Join us on Thursday, June 24, 2021, from 6:00 to 8:00pm for a screening of Black Men in White Coats, followed by a panel discussion. This event is free with limited in-person seating and will be live-streamed on Facebook. This free event is brought to you through generous support from the Black Physicians Network, the Monroe County Medical Society and the Rochester Academy of Medicine. Donations to, or membership in, any or all of these local organizations would be deeply appreciated.
To register, go here!
Panel Speakers: Dr. Mark Brown, Dr. Patrick Okolo, III, Dr. Christopher Richardson, Bryan Redman, MD, PhD Candidate ‘26 + Audience
Moderator: Dr. Cephas Archie, Chief Equity Officer for the City of Rochester
About The Film
Fewer Black men applied to medical school in 2014 than in 1978 and Black men have the lowest life expectancy in the United States. With only 2% of American doctors being Black men, this comes as no surprise. This documentary dissects the systemic barriers preventing Black men from becoming medical doctors and the consequences on society at large.
Health care accounts for nearly 20% of the United State’s GDP and a significant portion of that is driven by disparities in a system that lacks diverse physicians. What if we had a medical workforce that actually reflected our patient population? What challenges do our Black boys face? Who are their role models? Why is it easier to visualize a Black man in an orange jumpsuit than it is in a white coat? What’s happening in society that more black women are becoming doctors while Black men are stagnant? WHOSE FAULT IS IT? It’s time to end this CRISIS and get more BLACK MEN IN WHITE COATS?
Rochester, NY, June 4, 2021 - The Monroe County Medical Society has recognized Michael Mendoza, MD and Phyllis Jackson with its 2021 Edward Mott Moore Physician and Layperson Awards. This award recognizes individuals whose dedication to the community goes above and beyond the usual call of duty.
2021 Edward Mott Moore Physician Award Michael Mendoza, MD
Dr. Michael Mendoza is the 9th Commissioner of Public Health for Monroe County. He is also appointed as Associate Professor at the University of Rochester in the Departments of Family Medicine, Public Health Sciences, and Nursing. As Commissioner of Public Health, Dr. Mendoza’s vision is to improve population health by strengthening the collaboration between clinical medicine and public health in our community. He has a particular focus in addressing the disparities in health and health care here in Monroe County.
Dr. Mendoza joined the Health Department in 2016. In this role Dr. Mendoza oversees the health department’s $61 million dollar budget and over 250 employees and staff whose responsibilities span a diverse array of services designed to preserve and improve public health in Monroe County.
Prior to 2016, Dr Mendoza served as Medical Director for Highland Family Medicine. During his seven years in this role, Dr Mendoza oversaw the adoption of the Epic EMR, Meaningful Use, certification as a Level 3 Patient Centered Medical Home, and helped to lay the foundation for expanded team-based care, the current expansion of HFM, and the newly certified Nurse Practitioner residency program.
Board certified in family medicine, Dr. Mendoza continues to see patients as a primary care physician at Highland Family Medicine, and he continues to serve as a teaching physician on the inpatient service at Highland Hospital. He received his MD and undergraduate degrees from the University of Chicago, his Masters in Public Health from the University of Illinois, and his Masters in Business Administration from the Simon Business School here at the University of Rochester.
MCMS Announces Edward Mott Moore Recipients
2021 Edward Mott Moore Layperson Award
Phyllis Jackson, Common Ground Health
As a community wellness project manager, Jackson works closely with the faith community, other organizations and community influencers to promote health, wellness and self-care management. She focuses on alleviating health care disparities through a variety of outreach efforts, including health screenings and counseling at health fairs and community events. Jackson oversees the recruitment and training of more than 100 volunteer health advocates.
Deeply involved in the Rochester community, Jackson volunteers for the National Kidney Foundation, American Red Cross, WXXI, the Black Leadership Commission on AIDS, and the Rochester Faith Collaborative. She is the founder of the Interdenominational Health Ministry Coalition and leads “Renewing of the Mind,” a mental health education-training program.
A native of Geneva, New York, Jackson earned a registered nursing degree from Los Angeles Valley College and a bachelor's in science in organizational management from Roberts Wesleyan College. She also holds a Certificate of Gerontology from St. John Fisher College and is a certified HIV educator and counselor for the New York State Department of Health.
Prior to joining Common Ground Health, Jackson held nursing management positions at Visiting Nurse Service of Rochester and Monroe County, and HCR Homecare Agency. Most recently, she was the CEO/Executive Director of His Hands Free Community Nursing Center in Rochester.
About the Edward Mott Moore Award
Each year the Monroe County Medical Society presents the Edward Mott Moore award to a physician and a layperson whose lives reflect the qualities exemplified by the career and service of Edward Mott Moore, M.D., - a physician, teacher, investigator, professional leader, and contributor to the Rochester community. Dr. Moore was Surgeon-in-Chief at St. Mary’s Hospital from its opening in 1857 until his death, at the age of 88, in 1908.
About Monroe County Medical Society
Over 1,200 physicians are members of the Monroe County Medical Society/7th District Branch. The Monroe County Medical Society is a non-profit organization formed to extend medical knowledge and to advance medical science, to elevate the standards of medicine, to promote reforms and to enlighten and direct public opinion in regard to the problems of health and medicine for the best interests of the people of Monroe County. For more information visit www.mcms.org or email mcms@mcms.org.
During the past several months, we’ve heard the term “Build Back Better” in reference to pandemic recovery efforts in the United States. For the many children who have been affected by the pandemic, however, we have an opportunity not to build back, but to build beyond where we once stood to create a solid foundation for future generations.
For decades, the United States has had one of the worst child poverty rates among developed nations, with more than 1 in 5 children growing up under the poverty line. New York State falls in line with this average.
As health care leaders New York, we’ve been seeing the firsthand consequences of this cracked foundation for far too long. The effects of child poverty on health are pervasive. They start from the moment a child is born and continue throughout the lifespan. Children from low-income families and neighborhoods are more likely to be born at a lower birth weight, suffer a greater rate of infant mortality, and experience setbacks in areas like language development, chronic illness, environmental exposure, nutrition, and injury. Child poverty also influences genomic function and brain development by exposure to toxic stress, which in turn produces detrimental effects on physical and behavioral health.
A growing body of research confirms a strong association between the effects of child poverty and the development of chronic cardiovascular, immune, and psychiatric disorders. Furthermore, the brunt of these effects fall on families of color. Child poverty among New York State children of color is nearly 30%, and Black children are more than twice as likely to live in poverty than their Non-Hispanic white peers.
Given this reality, our immediate efforts must include a commitment to address the health crisis of child poverty. It requires structural investments and support from both state and federal leadership. To this end, we endorse New York State’s proposed Child Poverty Reduction Act (A.1160-B / S.2755-B) – introduced by New York State Assembly member Harry Bronson and Senator Jessica Ramos – that provides a road map to sharply cutting poverty through the following measures:
· Expanding and strengthening New York’s Earned Income Tax Credit;
· Expanding and strengthening New York’s child tax credit, especially to include young children;
· Expanding work training and employment programs;
· Increasing access to subsidized housing vouchers; and
· Expanding access to quality Pre-Kindergarten and child care.
For the coming year, New York has real support from the federal government to turn the tide on child poverty, via the American Rescue Plan Act, arguably the most consequential investment in the nation’s children in a generation. Still, the American Rescue Plan will not lift all New York children out of poverty. Its child tax credit leaves out more than 70,000 ineligible immigrant children, and it is temporary.
There is no need to pretend that child poverty is too onerous or difficult to solve. Several developed nations have reduced their child poverty rates to below 10 percent. Finland and Denmark in particular have child poverty rates that are below five percent. It’s time we followed their model, and the Child Poverty Reduction Act – combined with federal measures – provides the best opportunity to do so by aiming to reduce child poverty in New York State by 50 percent over 10 years.
To avoid acting right now would be playing with fire. During the pandemic, nearly twice as many lower-income families reported delaying or missing out on multiple types of health care for their children as those above the poverty line, including check-ups, preventive screenings, specialist visits, immunizations, and more. Furthermore, many of these families were directly impacted by COVID, as people classified as living under “very high poverty” conditions have died at twice the rate of those of the lowest poverty bracket. This doesn’t even take into account the many indirect costs of the pandemic that lower income families in New York State have felt – from lack of in-person schooling, increased food insecurity, and unemployment – that threaten to leave a generation of kids permanently left behind.
Given this enormous impact, we must take this opportunity to truly build back better. It’s not enough to assume that the post-pandemic economic recovery alone will address the concerns outlined above. To all New York State legislators, as well as Governor Cuomo: we urge you to support the Child Poverty Reduction Act. Let’s build a solid foundation for all New York children to be healthy and thrive.
Steven E. Lipshultz, M.D. A. Conger Goodyear Professor and Chair of the Department of Pediatrics Jacobs School of Medicine and Biomedical Sciences at the University of Buffalo Oishei Children’s Hospital
Patrick Brophy, M.D. William H. Eilinger Chair of Pediatrics UR Medicine Golisano Children’s Hospital
Gregory P. Conners, M.D., M.P.H., M.B.A. Stanley A. August Professor and Chair of Pediatrics Upstate Medical University Executive Director Upstate Golisano Children’s Hospital
Lucia Acosta-Castillejo, M.S.Executive Director Monroe County Medical Society American Academy of Pediatrics NY 1
Jessica GeslaniExecutive Director American Academy of Pediatrics NY 2 & 3
To read the PDF version: https://documentcloud.adobe.com/link/track?uri=urn:aaid:scds:US:24ff1d32-f6e9-4e98-b54c-2b59ecfb9668
NY Project Hope is a FEMA funded program that is providing emotional support in response to COVID-19. This includes an Emotional Support Helpline that was initiated by the Governor’s office at the beginning of the pandemic. It's a free, confidential crisis counseling services offered through this statewide program of the New York State Office of Mental Health.
How does NY Project Hope help?Our Helpline is staffed by trained crisis counselors who help callers talk through their emotions and find resources to help them with the challenges of COVID. NY Project Hope also has a website filled with resources that folks can access anytime at www.nyprojecthope.org, as well as a supportive social media presence. We welcome you to take a look and follow us on Facebook, Instagram, and Twitter. Our services are always confidential, free, and anonymous.
for up to 30% in total savings. Learn more.
New doctors can save up to 50%. Qualified physicians and surgeons with no open or closed claims can save up to 12%. And physicians who meet other certain requirements can take advantage of additional reductions on their premiums (potentially in combination with the Preferred Savings Program).
Request a quote or contact your broker today.
Not all discounts are combinable. Risk Purchasing Groups (RPG) are subject to annual review and upward or downward adjustment (including removal altogether) pending approval by the NYS Department of Financial Services, and is based on the overall loss experience of the RPG’s members.
For RPG programs, membership required. Subject to application and approval. Check our website for the latest information and newest savings opportunities. All references to MLMIC refer to MLMIC Insurance Company, Two Park Avenue, New York, NY 10016.
The COVID-19 vaccination program webinar for physicians and advanced-practice providers with Dr. Zucker has been scheduled for Monday, May 10 from 4:00 to 5:00 PM. Below is the link to "A Q+A with NYS Health Commissioner Dr. Howard Zucker: How doctors can convince our patients to get vaccinated and to vaccinate their children".
Click here for details.
The Monroe County Department of Public Health has available Pfizer vaccine. To schedule an appointment,
click on this link: https://am-i-eligible.covid19vaccine.health.ny.gov/