New York's governor signs executive order to address potential health care worker shortages as vaccine mandate begins

CNN/Stylemagazine.com Newswire | 9/28/2021, 10:25 a.m.
New York Gov. Kathy Hochul signed an executive order to address potential health care worker shortages as the state's health …
New York Gov. Kathy Hochul signs an executive order to address potential health care worker shortages as vaccine mandate begins. Pictured is a vaccine clinic in Los Angeles, on August 23. Mandatory Credit: Robyn Beck/AFP/Getty Images

Originally Published: 28 SEP 21 01:22 ET

Updated: 28 SEP 21 10:09 ET

By Artemis Moshtaghian, Laura Ly and Eric Levenson, CNN

(CNN) -- New York Gov. Kathy Hochul signed an executive order to address potential health care worker shortages as the state's health care vaccine mandate went into effect overnight Monday into Tuesday.

The order, which Houchul signed Monday night, expands the available health care workforce and allows additional workers to administer Covid-19 testing and vaccinations. In particular, the order allows health care workers from other states and countries to practice in New York and waives the re-registration fees to speed up the process.

"The only way we can move past this pandemic is to ensure that everyone eligible is vaccinated, and that includes those who are taking care of our vulnerable family members and loved ones," Hochul said in a statement.

Last month, the New York State Department of Health issued an order that required all health care workers in the state be vaccinated against Covid-19 by September 27.

States have long required hospital employees to be vaccinated against other diseases to better protect staff and patients from outbreaks. The vast majority of health care workers have been vaccinated against Covid-19, but the requirement could still lead to a significant number of workers unable to work -- shortages that could, ironically, lead to worse medical care for patients with the illness.

New York is facing similar potential worker shortages because of its vaccine mandates in schools and in courts.

As of Monday evening, 92% of hospital staff, 92% of nursing home staff, and 89% of adult care facility staff had at least one vaccine dose, the governor's office said.

New York's Covid vaccine mandates represent a preview of what may be ahead for the rest of the country, as President Joe Biden has similarly imposed vaccine or testing requirements on federal workers, large employers and health care staff, which could apply to as many as 100 million Americans.

"We've been patient, but our patience is wearing thin, and your refusal has cost all of us," Biden said earlier this month.

In New York, Hochul said that while she would prefer all of the state's health care workers be vaccinated by the end of Monday, she would use emergency powers to deploy medically trained National Guard officers and bring qualified, retired health care workers back into service, even if their medical licenses have lapsed.

The governor also said her office would establish an operations center that will be in touch with health care facilities across the state Monday night and Tuesday to determine where the state's resources are, as well as where employee shortages are occurring and how to properly staff them.

It's possible that some health care workers may be asked to serve in different parts of the state where the vaccination rate is lower, Hochul said. "It's not going to be a perfect situation, but again, it's preventable," Hochul said.

Hochul asked remaining unvaccinated health care workers to "please do the right thing," calling getting vaccinated "simple common sense."

"I'm sick and tired of talking about Covid. I want to talk about the rebirth of communities," Hochul said. "We've been fighting this long and hard. ... There is an end in sight."

Where New York's hospitals stand

At New York City's 11 public hospitals, about 5,000 of the 43,000 employees, or about 12%, were not vaccinated as of Monday morning, Health + Hospitals CEO Dr. Mitch Katz said Monday.

"Over 95% of my nurses are vaccinated today ... close to 98-99% of my doctors have agreed (and been vaccinated) and all our facilities are open and fully functional," Katz said when asked whether he was aware of any staffing shortages. "I have not heard of any negative reports from the private hospital system."

Unvaccinated employees at the 11 public hospitals will be put on unpaid leave but may return if they get vaccinated, according to NYC Health + Hospitals spokesperson Stephanie M. Guzmán.

Any employee of a state-run health care facility who does not receive at least one vaccination dose by the end of the day Monday, barring approved exemptions, "will be immediately suspended," according to the New York State Department of Health.

The vaccination rate among health care workers varies by region and type of health care center.

"I do expect that some places where more health care workers remain to be vaccinated may have to make some operational adjustments particularly to ensure that staffing is most important, that ICU or operating rooms are adequately staffed," New York City Department of Health Commissioner Dr. Dave Chokshi said. "But I do believe that hospitals will be prepared to get through this without major impact to patient care."

The vast majority of employees at Mount Sinai and NewYork-Presbyterian hospitals in New York City have complied with the state's vaccine mandate, according to spokespeople from both health institutions.

Mount Sinai expects less than 1% of its staff to be cut due to failure to fulfill the vaccine mandate, a spokesperson said.

Meanwhile, NewYork-Presbyterian set its own vaccination deadline last week, the hospital said in a statement. More than 99% of the hospital's 48,000 staff members are fully vaccinated, said spokesperson Suzanne Halpin, adding that fewer than 250 employees chose not to comply with the mandate.

"We will continue to provide exceptional care at all of our hospitals, without interruption," she said.

However, that's not the case at Erie County Medical Center in Buffalo, which expects 10% of its staff -- about 400 workers -- not to be vaccinated by Monday, spokesperson Peter Cutler said in a statement. About 85% of all staff are already vaccinated, he said.

ECMC suspended elective inpatient surgeries and will temporarily stop accepting ICU transfers from other health care facilities ahead of Monday's vaccine mandate deadline, the medical center said in a statement. ECMC has also curtailed hours at outpatient clinics as well as reducing units at one of its long-term care facilities.

Vaccine mandates for New York's school staff and court employees could also cause some worker issues going forward.

Nearly all of New York state judges (99.9%) and 95% of non-judicial employees eligible are in compliance with the vaccine mandate, according to a court spokesperson.

The numbers are lower for educators, though, as 81% of all Department of Education employees and 87% of teachers have received at least one vaccine dose as of last Thursday, according to the NYC Department of Education.