Lance's Corner

NYSDOH Prevalent Flu Declaration Requires Health Care Workers Unvaccinated for Flu to Wear Masks in Certain Health Care Facility Settings

Dec 28, 2024

Per the notice below, the New York State Department of Health (NYSDOH) has declared flu prevalent in New York State.  This declaration triggers masking requirements in certain health care facilities for health care providers, including dentists, who are not vaccinated for the flu.  The declaration of flu prevalence does not apply to private dental practices and does not trigger masking requirements in private practice settings.

New York State Department of Health Declares Flu Is Prevalent Across the State

Declaration Requires Health Care Workers Unvaccinated for Flu to Wear Masks in Certain Health Care Settings

Department Urges Vaccination Ahead of Upcoming Holidays

Find Nearby Flu Vaccine Locations: vaccines.gov

New York State Health Commissioner Dr. James McDonald declared that influenza is now prevalent in New York State.  The declaration requires health care workers who have not received this year's flu vaccine to wear masks in certain health care settings.

"My declaration that flu is prevalent across the State means health care personnel who are not vaccinated against the flu this season need to take extra precautions and wear a mask in health care facilities to avoid exposing sick patients and those most vulnerable to complications of the virus," State Health Commissioner Dr. James McDonald said.  "The flu vaccine is a safe and effective way to protect against infection and will lessen the symptoms if you get sick.  I encourage everyone 6 months and older to get the flu shot, and it's not too late to protect yourself and your loved ones and ensure you don't miss out on holiday celebrations."

The declaration requires health care workers in health care and residential facilities and agencies regulated by the State Health Department who are unvaccinated for flu to wear surgical or procedure masks during those times when the Commissioner declares that influenza is prevalent in New York State.  Amendments to the regulations allow for the removal of masks when health care workers are accompanying patients in the community, providing speech therapy services, or communicating with persons who lip read.

The Department's most recent data, through December 14, shows a total of 23,313 positive flu cases across 60 counties in New York have been reported this season to date.  Outside of New York City, week-over-week lab-confirmed flu cases are up 75%, rising from 2,058 cases in the previous week to 3,603.  In New York City, cases are up 72%, rising from 2,501 cases in the previous week to 4,300.  Hospitalizations due to influenza climbed by 48%, up from 270 in the previous week to 399 across the State.  Current influenza information is also available on the Department's Flu Tracker, which provides timely information about local, regional and statewide influenza activity.

The flu shot is available to those 6 months and older.  Those aged 65 years and older, people with certain chronic medical conditions, young children, and pregnant women are most in jeopardy of developing serious complications, which could require hospitalization and result in death.  To treat the flu, there are antiviral medications that can be prescribed by health care providers, such as Tamiflu, which can reduce the length and severity of the illness.  Avoiding illness by getting the flu shot remains the most effective way to prevent infection and reduce the risk of severe illness for children and adults.  According to research gathered by the Centers for Disease Control and Prevention (CDC), vaccination has significant health advantages, particularly for people at risk of getting very sick, including:

  • It prevents people from getting sick with the flu, cutting the risk of having to go to the doctor by 40% to 60%.
  • In children, vaccine reduces the risk of severe, life-threatening flu by 75% decreases flu-related hospitalizations by 41% and cuts the risk of emergency department visits in half.
  • Flu vaccination during pregnancy reduces the risk of being hospitalized by an average of 40% and helps protect the baby from influenza for several months after birth, when babies are too young to get vaccinated.
  • For older adults, the vaccine reduces the risk of flu-associated hospitalization by about 40%.
  • Among those with chronic health conditions, the flu shot is associated with lower rates of some cardiac events, as well as reducing the risk of hospitalization from flu-related worsening of lung diseases and diabetes.

The Department utilizes a number of tools to increase public knowledge about rising flu rates and the importance of vaccinations as a critical prevention step, including public education campaigns and information on social media platforms Instagram, Facebook, and X (Twitter).  The flu shot is widely available, found at pharmacies, health clinics, and physician's offices across the state.  To locate a flu shot location near you, visit vaccines.gov.  In addition to getting the flu vaccine, simple preventative actions can help stop the spread of influenza and other respiratory viruses:

  • Wash hands often with soap and water for at least 20 seconds.  If soap and water are not available, use an alcohol-based hand sanitizer.
  • Avoid touching eyes, nose, and mouth with unwashed hands.
  • Avoid close contact with people who are sick.
  • Stay home when sick.
  • Cover cough or sneeze with a tissue, then throw the tissue in the trash.
  • Clean and disinfect frequently touched objects and surfaces.

For more information about influenza in New York, visit the Department's flu website.

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc