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B00675 Summary:

BILL NOB00675
 
SAME ASNo Same As
 
SPONSORHINCHEY
 
COSPNSR
 
MLTSPNSR
 
 
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B00675 Actions:

BILL NOB00675
 
04/27/2021INTRODUCED
04/28/2021ADOPTED
04/28/2021DELIVERED TO ASSEMBLY
04/28/2021referred to governmental operations
04/28/2021substituted for c215
04/28/2021adopted
04/28/2021returned to senate
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B00675 Memo:

Memo not available
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B00675 Text:

 
Assembly Resolution No. 215
 
BY: M. of A. Fahy
 
        CONCURRENT  RESOLUTION  OF  THE  SENATE AND ASSEMBLY
        terminating certain directives  issued  pursuant  to
        Executive Order numbers 202.89, 202.88, and 202.86
 
  WHEREAS,  the Governor was given the authority pursuant to Executive
Law section 29-a by Executive Order to temporarily suspend or modify any
statute, local law, ordinance, order,  rule,  or  regulation,  or  parts
thereof,  of  any agency during a state disaster emergency if compliance
with such statute, local law,  ordinance,  order,  rule,  or  regulation
would  prevent,  hinder,  or  delay  action  necessary  to cope with the
disaster emergency or if necessary to assist or aid in coping with  such
disaster,  and  to  issue  any  directive  during  a  disaster emergency
necessary to cope with the disaster pursuant to chapter 23 of  the  laws
of 2020 and chapter 71 of the laws of 2021; and
 
  WHEREAS,  a  number  of  directives have been issued to regulate and
manage the use of vaccines by certified  providers,  including  but  not
limited  to:    Subclause  3  of  Executive  Order  number 202.88, which
requires that any healthcare facility, provider, or entity who has  been
allocated  and  has  received  COVID-19  vaccine,  or  who  has received
redistributed COVID-19 vaccine, must administer all such vaccine  within
one  week  of  its  receipt  by  such facility. Any healthcare facility,
provider or entity who is not on pace to administer  all  vaccines  must
notify  the Department of Health on the 5th day after receipt. This will
be effective for  any  vaccine  currently  on  hand  at  any  healthcare
facility,  provider  or entity as of January 4, 2020, and such remaining
doses must be administered no later  than  January  8,  2020,  with  the
failure to administer vaccine in accordance with this process may result
in a civil penalty of up to $100,000, and/or reduction or elimination of
future  allocations  of  vaccine;  Subclause 8 of Executive Order number
202.89, which modified Subclause 3 of Executive Order number  202.88  to
provide for a process by which such facility may be granted a good cause
exception  from  the  previous  directive;  and Subclause 3 of Executive
Order number 202.86, which requires a healthcare provider to require any
person who is receiving the vaccine to  provide  information,  including
but  not  limited to an attestation that they are a member of a specific
priority group that has been determined by the Department of  Health  to
be  eligible  for  the  vaccine,  on  a  form  to  be  determined by the
Department  of  Health,  and  any  licensed  healthcare   provider   who
administers  the vaccine to an individual who has not certified to being
a member of a priority  group  or  where  such  provider  otherwise  has
knowledge  that the individual is not a member of the priority group may
be subject to civil penalties of up to  one  million  dollars  per  dose
administered and/or the revocation of any state-issued license; and
 
  WHEREAS,  Subclause  2  of Executive Order 202.86 and Subclause 2 of
Executive Order 202.88 temporarily modified section  12  of  the  Public
Health  Law   for the purposes of permitting the Department of Health to
assess  civil  penalties  established  in  Executive  Order  202.86  and
Executive Order 202.88; and
 
  WHEREAS, the directives referenced previously establish requirements
that  are  no  longer  required  due  to  the  rates of vaccination, the
 
availability of vaccination appointments, and the benefits to the public
in removing regulations and restrictions on vaccine providers in further
aiding the vaccination effort; and
 
  WHEREAS,  the  State  Legislature  has the authority to terminate by
concurrent resolution Executive Orders issued under section 29-a of  the
Executive Law, chapter 23 of the laws of 2020 and chapter 71 of the laws
of 2021; now, therefore, be it
 
  RESOLVED,  (if  the  &HOUSE  concur),  that  Subclauses  2  and 3 of
Executive Order number 202.88, as extended or modified, Subclause  8  of
Executive Order number 202.89, as extended or modified, and Subclauses 2
and  3  of  Executive  Order number 202.86, as extended or modified, are
hereby terminated.
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