Executive Order Number 29: Declaring a Disaster Emergency in the State of New York
Why did Governor Paterson issue an executive order declaring a State Disaster Emergency?
The declaration is intended to provide the New York State Department of Health and local health departments throughout the state the flexibility needed to ensure that once H1N1 vaccine supplies become more abundantly available, New York is able to quickly and efficiently vaccinate as many individuals as possible.
How will this executive order improve New York's H1N1 immunization program?
The executive order will increase the number of health professionals who may legally vaccinate individuals and will expand the type and number of sites where state and local health departments may sponsor large community-based vaccination programs. This will ensure that as many New Yorkers are vaccinated as quickly as possible, once H1N1 vaccine supplies become more readily available.
Under this executive order, will anyone be required to be immunized?
No. There is nothing included in the declaration that requires anyone to be immunized without his or her expressed consent or the consent of someone legally authorized to consent for him or her.
How is Governor Paterson's declaration similar to President Obama's recent declaration?
The President's declaration is similar to Governor Paterson's declaration in that the intent is to ensure that the federal government and the state have the flexibility needed to respond efficiently and effectively as the H1N1 pandemic progresses.
Are there any provisions made in the executive order to ensure that cost is not a barrier to vaccination for New Yorkers?
Yes. The executive order very specifically states that vaccine provided at large vaccination point of distribution (POD) sites must be provided without charge to the individual who is being vaccinated. It may be possible for insurers to be billed an administration fee, when appropriate, but no individual may themselves be charged a fee for the vaccination at POD sites. At other sites, such as private doctors' offices and some routine county flu clinics, a charge may be made for administering the vaccine and for seasonal vaccine, but no charge may be made for the 2009 H1N1 vaccine itself.
Can counties bill individuals for seasonal or 2009 H1N1 vaccination at mass vaccination points of distribution?
No. Individuals may not be charged for seasonal or 2009 H1N1 vaccine or its administration provided at a mass vaccination point of distribution (POD) operated under the direction of a state or local health department. However third party payers may be billed as follows: for H1N1, charges may be billed for vaccine administration but not the cost of the vaccine itself because its cost is being borne by the Federal government; for seasonal vaccine, third party payers may be billed for both the cost of the vaccine itself and for the costs of administering the vaccine.
Have other states issued similar declarations?
Yes. New York joins a number of states that have taken emergency action or are in the process of declaring a public health emergency related to the H1N1 outbreak this fall.
Where can I get more information about Governor Paterson's declaration?
Where can I get more information about President Obama's declaration?
President Obama Signs Emergency Declaration for H1N1 Flu - Flu.gov
