Summary of the Long-Term Care Resident and Employee Immunization Act

This law, which became effective on April 1, 2000, added Article 21-A to the New York State Public Health Law. The intention of the law is to help protect the health of the institutionalized elderly by promoting vaccination against influenza and pneumococcal disease. The law applies to nursing homes, adult homes, enriched housing programs, and adult day health care programs.

The law requires these types of facilities to provide or arrange for influenza vaccination for all residents and employees every year. The law also requires these types of facilities to provide or arrange for pneumococcal vaccination for all residents and employees for whom the vaccine is recommended per guidelines issued by the Advisory Committee on Immunization Practices (ACIP). Residents and employees may refuse vaccination due to medical contraindication, religious objection, or by choice after being fully informed of the health benefits and risks of such action.

The law requires facilities to document vaccination status of residents and employees, including refusal of vaccination and the reason for refusal.

Facilities must submit an annual report to the New York State Department of Health by May 1 providing information on the number of residents and employees that received and the number that did not receive influenza and pneumococcal vaccine during the previous year. For additional information please click one of the following links:.

On July 19, 2000, the New York State Department of Health mailed a Statutory Advisory, DAL #00-10, to all facilities in New York State affected by the new law. The Statutory Advisory provides complete information regarding the law and how facilities are to comply with it.