By Patrick Formato
The Second Circuit Court of Appeals has vacated its preliminary injunction enjoining the New York State Department of Health (NYSDOH) from enforcing the vaccine mandate regulation with respect to religious exemptions. The Court also vacated a lower court’s temporary restraining order having the same effect.
Going forward, NYSDOH will no longer be barred from bringing enforcement actions against Covered Entities that grant religious exemptions to COVID-19 vaccination requirements. Pursuant to the applicable regulations, Covered Entities may only grant exemptions to personnel for whom the COVID-19 vaccine is detrimental to the individual’s health (medical exemption).
The full text of the regulations is available here.
The healthcare attorneys at Abrams Fensterman, LLP are committed to providing you with the most current and accurate information and guidance. If you have any questions, please contact Patrick Formato, Esq., Barbara Stegun Phair, Esq., Frank Mazzagatti, Esq., Michael Bass, Esq., Richard Thomas, Esq., Jonathan Rogoff, Esq., or any other attorney in our health law practice group.