You are here: / / NYC DEPARTMENT OF HEALTH EXCEEDED ITS REGULATORY AUTHORITY WITH RESPECT...
,

NYC DEPARTMENT OF HEALTH EXCEEDED ITS REGULATORY AUTHORITY WITH RESPECT TO MANDATING INFLUENZA VACCINATIONS FOR CERTAIN PRE-SCHOOL PROGRAMS.

The First Department, in a full-fledged opinion by Justice Richter, determined the New York City Department of Health exceeded the scope of its regulatory authority when it adopted regulations mandating influenza vaccinations for children attending certain child care, pre-kindergarten and kindergarten programs. The regulations allowed programs to opt-out of the vaccination requirement by paying a fine. The opt-out provision was deemed unrelated to public health, and therefore beyond the Department of Health’s regulatory authority:

… [W]e conclude that by adopting the challenged amendments, the Board of Health “cross[ed] the line into legislative territory” … . [T]he Board of Health did not merely balance costs and benefits, but instead improperly made value judgments by creating a regulatory scheme with exceptions not grounded in promoting public health. … [T]he challenged amendments do not prohibit a child who was not vaccinated against the flu from attending child care or school, but provide only that the facility “may” refuse entry to the unvaccinated child … . Instead, the provider or school can, in effect, opt-out of the vaccination requirement and allow an unvaccinated child to attend, upon payment of a monetary fine … .

This opt-out provision stands in stark contrast to section 2164(7)(a) of the State’s Public Health Law, which, logically, forbids children from remaining in school without proof of the immunizations required under that statute. The challenged amendments, on the other hand, allow a child care provider or school to make an economic choice to pay a fine rather than expel a student and lose a year’s worth of tuition. Creating a policy whereby unvaccinated children are allowed to stay in child care or school flies in the face of respondents’ claim that the challenged amendments are meant to promote the public health by reducing transmission of the flu virus. Not surprisingly, respondents are unable to point to any health-related reason supporting the opt-out provision. Garcia v New York City Dept. of Health & Mental Hygiene, 2016 NY Slip Op 06559, 1st Dept 10-6-16

MUNICIPAL LAW (NYC DEPARTMENT OF HEALTH EXCEEDED ITS REGULATORY AUTHORITY WITH RESPECT TO MANDATING INFLUENZA VACCINATIONS FOR CERTAIN PRE-SCHOOL PROGRAMS)/ADMINISTRATIVE LAW (NYC DEPARTMENT OF HEALTH EXCEEDED ITS REGULATORY AUTHORITY WITH RESPECT TO MANDATING INFLUENZA VACCINATIONS FOR CERTAIN PRE-SCHOOL PROGRAMS)/INFLUENZA VACCINATIONS (NYC DEPARTMENT OF HEALTH EXCEEDED ITS REGULATORY AUTHORITY WITH RESPECT TO MANDATING INFLUENZA VACCINATIONS FOR CERTAIN PRE-SCHOOL PROGRAMS)

/by
You might also like
ALTHOUGH THE EXCUSE WAS INADEQUATE, THE CITY HAD ACTUAL NOTICE OF THE HOLE PETITIONER STEPPED IN AND DELAY IN FILING THE NOTICE OF CLAIM DID NOT PREJUDICE THE CITY, PETITIONER’S MOTION FOR LEAVE TO FILE A LATE NOTICE OF CLAIM SHOULD HAVE BEEN GRANTED (FIRST DEPT).
Transit Authority Employee Properly Found Negligent In Not Summoning Help for Police Officers Injured While Making an Arrest in a Subway Station
THE FACT THAT PLAINTIFF ATTORNEY (1) WAS AN AT-WILL EMPLOYEE AND (2) MAY NOT BE PAID WITHIN ONE YEAR DID NOT RENDER THE ORAL CONTRACT ENTITLING PLAINTIFF TO LEGAL FEES VOID UNDER THE STATUTE OF FRAUDS, BREACH OF IMPLIED CONTRACT AND UNJUST ENRICHMENT CAUSES WERE PROPERLY PLED IN THE ALTERNATIVE (FIRST DEPT).
Subcontractor Who Is Not Vicariously Liable for the Acts or Omissions of Its Subcontractors Under Labor Law 200 May Be Vicariously Liable for those Acts or Omissions Under Labor Law 241 (6)
DEFENDANT DID NOT DENY ALLEGATIONS IN THE COMPLAINT WHICH ALLEGED GENERAL JURISDICTION OVER THE DEFENDANT, THEREFORE JURISDICTION WAS CONFERRED ON THE COURT, THE MECHANICS OF SUCCESSFULLY DENYING JURISDICTION EXPLAINED (FIRST DEPT).
OFFICE OF CHILDREN AND FAMILY SERVICES’ CHILD-MALTREATMENT FINDING NOT SUPPORTED BY THE EVIDENCE (FIRST DEPT).
QUESTIONS OF FACT WHETHER DEFENDANT WAS A GENERAL CONTRACTOR AND WHETHER DEFENDANT HAD SUPERVISORY AUTHORITY OVER SAFETY CONDITIONS IN THIS LABOR LAW 240 (1) LADDER-FALL CASE (FIRST DEPT).
ALLEGATIONS THAT PLAINTIFF WAS FIRED BECAUSE OF EMPLOYER’S WIFE’S UNFOUNDED JEALOUSY STATED CAUSES OF ACTION FOR GENDER DISCRIMINATION (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

[gravityform id=”1″ title=”false” description=”false” tabindex=”2″]

Copyright © 2022 New York Appellate Digest, LLC
Site by CurlyHost | Privacy Policy

SIX YEAR DELAY IN BRINGING DEFENDANT TO TRIAL WAS NOT MOTIVATED BY THE PEOPLE’S... BOILER MANUFACTURER LIABLE FOR FAILURE TO WARN EMPLOYEES OF THE HAZARDS OF WORKING...