Legal Issues in COVID-19 Vaccine Distribution

Originally held on Tuesday, February 9, 2021 | 6:00 pm – 8:30 pm

• Description
• Faculty
• Agenda
• CLE Credit
• Sponsors

• From the devastation felt by congregate settings like nursing homes and prisons, to Matilda’s law and remote execution of documents, the interests and needs of older adults, people of color, prisoners, and front-line workers have been prominent throughout the COVID-19 pandemic in New York. The rollout of COVID-19 vaccine now poses challenges that we are witnessing daily.

  This CLE will feature a panel discussion with legal experts and officials in public health, and individual rights. Together we will review the overlaps and distinctions between federal and state plans for vaccine delivery, prioritization of groups for vaccination, informed consent, considerations for guardians, government and employer mandates, and patient privacy concerns to help you navigate the terrain for your clients.

  Program Fee:
  Free for Members | $99 for Nonmembers

• Carl H. Coleman
  Professor of Law and Academic Director of Division of Online Learning
  Seton Hall University Law School
  Newark, New Jersey

  Linda C. Fentiman
  Professor Emerita
  Elisabeth Haub School of Law
  Pace University

  Linda Martin, J.D.
  Chief Compliance Officer
  CareOne

  Alicia Ouellette
  President and Dean
  Professor of Law
  Albany Law School

  Karen Porter
  Arthur Pinto & Stephen Bohlen Associate Dean of Inclusion & Diversity
  Professor of Clinical Law
  Executive Director of the Center for Health, Science and Public Policy
  Brooklyn Law School

  Robert N. Swidler
  V.P. for Legal Services
  St. Peter’s Health Partners

  Peter Travitsky
  New York Legal Assistance Group

  Felice Wechsler
  Attorney-in-Charge
  Guardianship/Developmental Disabilities
  Mental Hygiene Legal Service

  Hayne Yoon, J.D.
  Director of Federal Policy
  Vera Institute of Justice

• 6:00 pm – 6:05 pm
  Welcome and Introduction
  Peter Travitsky, Chair, Legal Problems of the Aging Committee

  6:05 pm – 6:45 pm
  Framework: Balancing Competing Public Health Goals: Prioritizing At-Risk Groups, Achieving Herd Immunity, and Protecting Vulnerable Populations
  Linda C. Fentiman, Robert N. Swidler, Alicia Ouellette

  1. The Challenges of Federalism in a Pandemic: Achieving Equitable Access to COVID-19 Vaccines
     1. Are States bound by the CDC’s Advisory Committee on Immunization Practices (ACIP) Prioritization of Vaccine Recipients
     2. New York State’s Vaccine Priority and Distribution Plan (proposed and actual roll-out)
        1. Preliminary plan released October 2020, rolled out in mid-December
        2. Practical implementation of priorities
           1. Must government offer the vaccine to every person in a priority group before offering it to people in other, lower priority groups?
           2. Impact of multiple FDA-approved vaccines
           3. How can people ensure that their priority status is recognized, e.g., people with co-morbidities, people above over a certain age?

  6:45 pm – 7:10 pm
  Can/Should Government or Employers Mandate Vaccination for Certain Groups?
  Carl H. Coleman, Robert N. Swidler
  

  1. State or Local Government Mandates
     1. Can vaccines be mandated for health care workers, residents and employees of nursing homes and other congregate settings?
     2. If vaccination is mandated, should there be exemptions on religious, medical, or other grounds?
  2. Employer Mandates
     1. Can/Should employers mandate vaccination for employees if they pose a significant risk to others if they are not immunized?
        1. If so, should there be exemptions on religious, medical, or other grounds?
     2. Are/Should employers be liable if they do not mandate vaccination?
        1. What federal/state protections against employer liability apply?

  7:10 pm – 7:20 pm
  Break

  7:20 pm – 8:15 pm
  Protecting Vulnerable Populations
  Karen Porter, Hayne Yoon, J.D., Felice Wechsler, Linda Martin, J.D.

  1. The Challenges of Protecting Vulnerable Population – Informed Consent, Trust, and Structural Inequalities in Our Health Care System (include issues re adverse reactions)
  2. Addressing the Risks of Old Age and Residence in Congregate Settings: What Priority Should Jail And Prison Inmates, Residents Of Group Homes, Civilly Committed People, and Detainees In ICE Facilities Receive, Regardless of Age?
  3. How Can Informed Consent To Immunization Be Obtained For Persons Suffering From Mental Incapacity Or Disability?
  4. Protecting Personal Health Information: Can The Federal Government Insist That States Disclose Personal Health Information Of Every Vaccinated Person As A Condition Of Participating In The Vaccine Distribution Process?

  8:15 pm – 8:30 pm
  Questions and Answers and Concluding Remarks

• New York: 2.5 Total: 1.5 Professional Practice, 1.0 Diversity, Inclusion and Elimination of Bias
  New Jersey: 2.7 Diversity, Inclusion and Elimination of Bias
  California: 2.5 Total: 1.5 General, 1.0 Elimination of Bias
  Pennsylvania: 2.0 General
  Connecticut: Available to Licensed Attorneys

  Newly admitted New York attorneys (attorneys admitted to the New York State Bar for two years or less) cannot earn CLE credit in the category of Diversity, Inclusion and Elimination of Bias.

• Sponsoring Association Committees:
  Bioethical Issues, Alan Jeffrey Brudner, Chair
  Health Law, Heather A. Hatcher and Brian T. McGovern, Co-Chairs
  Legal Problems of the Aging, Peter Travitsky, Chair
  Senior Lawyers, Diane Fener and Dr. Gertrude Pfaffenbach, Co-Chairs
  Small Law Firms, Anne Wolfson, Chair

  Co-Sponsoring Organization:
  Small Law Firm Center

  Sponsorship Opportunities are Available! Please Contact:
  Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org