New York’s governor addresses winter COVID surge; imposes requirements

Governor Kathy Hochul announced on Friday that masks will be required to be worn in all indoor public places unless businesses or venues implement a vaccine requirement.

This major action to address the winter surge comes as COVID-19 cases and hospitalizations rise statewide, according to the governor, and to be in alignment with the CDC’s recommendations for communities with substantial and high transmission. The State Health Commissioner issued a determination solidifying the requirement.    

This determination is based on the State’s weekly seven-day case rate as well as increasing hospitalizations. The new business and venue requirements extend to both patrons and staff. This measure is effective Dec. 13, 2021 until Jan. 15, 2022, after which the State will re-evaluate based on current conditions. The new measure brings added layers of mitigation during the holidays when more time is spent indoors shopping, gathering, and visiting holiday-themed destinations.     

“As Governor, my two top priorities are to protect the health of New Yorkers and to protect the health of our economy,” Governor Hochul stated in a prepared release, adding, “The temporary measures I am taking today will help accomplish this through the holiday season. We shouldn’t have reached the point where we are confronted with a winter surge, especially with the vaccine at our disposal, and I share many New Yorkers’ frustration that we are not past this pandemic yet.”

“I want to thank the more than 80 percent of New Yorkers who have done the right thing to get fully vaccinated; if others will follow suit, these measures will no longer be necessary,” she added.   

“I have warned for weeks that additional steps could be necessary, and now we are at that point based upon three metrics: Increasing cases, reduced hospital capacity, and insufficient vaccination rates in certain areas,” said Governor Hochul. 

Since Thanksgiving, the statewide seven-day average case rate has increased by 43% and hospitalizations have increased by 29%. While the percentage of New Yorkers fully vaccinated continues to increase, gaining 2% from Thanksgiving weekend to now, the uptick is not fast enough to completely curb the spread of the virus, particularly among communities with low vaccination coverage. 

The State Department of Health has produced nation-leading studies, published in the CDC’s MMWR and the New England Journal of Medicine, which demonstrate the COVID-19 vaccines’ effectiveness – particularly in preventing severe disease. The Department continues to urge eligible New Yorkers of all ages to get fully vaccinated and boosted as soon as possible. 

A violation of any provision of this measure is subject to all civil and criminal penalties, including a maximum fine of $1,000 for each violation. Local health departments are being asked to enforce these requirements.    

Business/Venue Proof of Full-Course Vaccination Requirement    

Businesses and venues that implement a proof of vaccination requirement can accept Excelsior Pass, Excelsior Pass Plus, SMART Health Cards issued outside of New York State, or a CDC Vaccination Card. In accordance with CDC’s definition of fully vaccinated, full-course vaccination is defined as 14 days past an individual’s last vaccination dose in their initial vaccine series (14 days past the second shot of a two-dose Pfizer-BioNTech or Moderna vaccine; 14 days past the one-shot Janssen/Johnson & Johnson vaccine). The State also accepts WHO-approved vaccines for these purposes. Parents and guardians can retrieve and store an Excelsior Pass and/or Excelsior Pass Plus for children or minors under legal guardianship.    

Business/Venue Mask-Wearing Requirement    

Businesses and venues that implement a mask requirement must ensure all patrons two years and older wear a mask at all times while indoors.    

Continued Masking Requirements   

Unvaccinated individuals continue to be responsible for wearing masks, in accordance with federal CDC guidance. Further, the State’s masking requirements continue to be in effect for pre-K to grade 12 schools, public transit, homeless shelters, correctional facilities, nursing homes, and health care settings per CDC guidelines.    

New York State and the State’s Department of Health continue to strongly recommend mask wearing in all public indoor settings as an added layer of protection, even when not required. Children two to five who remain ineligible for vaccination must wear a proper-fitting mask. 

COVID-19 vaccines and booster doses are free and widely available statewide. New Yorkers can visit vaccines.gov, text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations. To schedule an appointment at a state-run mass vaccination site, New Yorkers can visit the Am-I-Eligible site. New Yorkers can also contact their health care provider, county health departments, Federally Qualified Health Centers (FQHCs), rural health centers, or pharmacies. 

New Yorkers can retrieve their Excelsior Pass or Excelsior Pass Plus at https://epass.ny.gov/home.