MSSNY eNews: April 21, 2021 – New Executive Order Eliminates Penalty for Not Administering COVID Vaccine within 7 Days


New Executive Order Eliminates Penalty for Not Administering COVID Vaccine within Seven Days
This week, Executive Order 202.102 was signed, continuing the temporary suspension and modification of laws related to the COVID-19 disaster emergency.  One provision of this Executive Order eliminates the $100,000 civil penalty for failure of a provider to administer its allocated COVID-19 vaccine within seven days of receipt.

The elimination of this enhanced penalty is intended to give all providers some flexibility in scheduling vaccination appointments if they need more than seven days to use a vaccine allocation.  This flexibility is being given to providers at a time where the State has vaccinated more than half the adult population with at least one dose and demand for the vaccine begins to steady.  Read the Executive Order here.

While the enhanced civil penalty has been eliminated, performance (throughput), effort, and effective administration of vaccines by providers will continue to be key factors, along with equity access and regional positivity rates, in making future vaccine allocation decisions.

For providers enrolled in the New York State (outside of NYC) COVID-19 Vaccination Program, if you did not submit a week 20 (week beginning April 26) weekly planning request for vaccine earlier this week or if you submitted one and would like to revise it in light of the change effectuated by Executive Order 202.102, please do so by 5:00 PM today.

NYS vaccination program providers can edit their weekly planning request in the NYS Immunization Information System (NYSIIS).  To add quantity to your planning request, enter the new quantity of vaccine you would like to request and click “submit updates.”  This will add a new planning request line with the additional doses requested.  Please see pages 5-6 in the “Ordering COVID-19 Vaccine in NYSIIS” document for more detailed instructions regarding editing a weekly planning request.


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MSSNY Council Actions: April 15, 2021 Meeting
Four resolutions submitted for consideration at the June Special Meeting of AMA were adopted by Council:

115.981 Non-Physician Post-Graduate Medical Training
MSSNY recognizes that the terms “medical student,” “resident,” “residency,” “fellow,” “fellowship,” “doctor,” and “attending,” when used in the healthcare setting, all connote completing structured, rigorous, medical education undertaken by physicians; thus these terms should be reserved to describe physician roles.  MSSNY will work with relevant stakeholders to define appropriate labels for postgraduate clinical and diagnostic training programs for non-physicians that recognizes the rigor of these programs but prevents role confusion associated with the terms “resident,” “residency,” “fellow,” or “fellowship.”

MSSNY objects to the American Board of Medical Specialists (ABMS), the American Osteopathic Association Bureau of Osteopathic Specialists (AOABOS) and their member boards having designated seats for Nurse Practitioners, Physician Assistants, Certified Registered Nurse Anesthetists, Anesthesia Assistants, or any other healthcare professional that are independent from the public member seats.

MSSNY will work with relevant stakeholders to assure that funds to support the expansion of postgraduate clinical training for non-physicians does not divert funding from physician GME. This resolution will be immediately forwarded to the American Medical Association.
(HOD 2021-AMA #1, referred to Council, adopted 4/15/21) 

150.960 Employed Physician Contracts
MSSNY supports all employed physicians receiving all rights and due process protections afforded all other members of the Medical Staff.  This matter be taken to our AMA in support of all employed physicians.  (HOD 2021-AMA #2, referred to Council, adopted 4/15/21) 

315.984 Ban the Gay/Trans (LGBTQ+) Panic Defense
MSSNY will support state legislation or regulation banning the use of the so-called “gay or trans (LGBTQ+) panic” defense in homicide, manslaughter, physical or sexual assault cases; and will send a resolution to the AMA with the following two resolves:

RESOLVED, Our AMA will seek a federal law banning the use of the so-called gay or trans (LGBTQ+) panic” defense in homicide, manslaughter, physical or sexual assault cases, and be it further
RESOLVED, Our AMA will publish an issue brief and talking points on the topic of so called gay or trans (LGBTQ+)  panic” defense, that can be used by the AMA in seeking federal legislation, and can be used and adapted by state and specialty medical societies, other allies, and stakeholders as model legislation when seeking state legislation to ban the use of so-called gay or trans (LGBTQ+) panic” defense to mitigate personal responsibility for violent crimes such as assault, rape, manslaughter, or homicide. (HOD 2021-AMA #3; referred to Council, adopted 4/15/21) 

85.944 Medical Education Debt Cancellation in the Face of a Physician Shortage
During the COVID-19 Pandemic
MSSNY will seek through legislation, regulation, or executive order to obtain this one-time COVID-related $50,000 reduction in debt from accrued federal loans for all medical students, training physicians, and early career physicians.

MSSNY will forward this resolution to the AMA asking for study of the issue of medical education debt cancellation and to consider the opportunities for integration of this in a broader solution addressing debt for all medical students, physicians in training, and early career physicians.  (HOD-2021 AMA #4, referred to Council, adopted 4/15/21) 

Two resolutions referred to Council from HOD were adopted:
165.840 Insurers and Vertical Integration
The Medical Society of The State of New York (MSSNY) will seek legislation and regulation to prevent health payers (except non-profit HMO’s) from owning or operating other entities in the health care supply chain.

MSSNY will introduce a resolution to the AMA HOD to seek legislation and regulation to prevent health payers (except non-profit HMO’s) from owning or operating other entities in the health care supply chain. (HOD 2020-64; referred to Council, original language adopted in lieu of recommendation of reaffirmation of 165.876, 4/15/21)

237.995 Discrimination Against Physicians Using Medication Assisted Treatment
The Medical Society of the State of New York (MSSNY) affirms that no physician or medical student should be presumed to be impaired by substance or illness solely because they are diagnosed with a substance use disorder.  MSSNY affirms that no physician or medical student should be presumed impaired because they and their treating physician have chosen medication for opioid use disorder (MOUD) to address the substance use disorder, including methadone and buprenorphine.

MSSNY strongly encourages the leadership of physician health and wellness programs, state medical boards, hospital and health system credentialing bodies, and employers to help end stigma and discrimination against physicians and medical students with substance use disorders and allow and encourage the usage of MOUD, including methadone or buprenorphine, when clinically appropriate and as determined by the physician or medical student (as patient) and their treating physician, without penalty (such as restriction of privileges, licensure, ability to prescribe medications or other treatments, or other limits on their ability to practice medicine), solely because the physician’s or medical student’s treatment plan includes MOUD.

MSSNY will submit this resolution to the AMA HOD for discussion at AMA meeting in June 2021, asking the AMA to survey physician health programs and state medical boards about whether they allow participants/licensees to use MOUD without punishment, or exclusion from practicing medicine or having to face other adverse consequences and to report back. (HOD 2020-159, referred to Council, substitute resolution adopted 4/15/21)

Five resolutions, originally adopted at the 2020 HOD, submitted to AMA for the November 2020 meeting but rejected for consideration by AMA, will be resubmitted to the AMA Special Meeting in June:

106 Bundling Physician Fees with Hospital Fees
706 Physician Burnout is an OSHA Issue
110 Medicaid Tax Benefits
107 COBRA for College Students
709 Addressing Inflammatory and Untruthful Online Ratings
210 Ghost Guns

Join MSSNY for Social Media in Medicine on Wednesday, May 5 at 6 PM ET
MSSNY Vice President Parag H. Mehta, MD and MSSNY YPS Chair Daniel E. Choi, MD present Social Media in Medicine: A Beginners Guide for Physicians.
Register now for Virtual Webinar

When: May 5, 2021 at 6:00 PM Eastern Time

After registering, you will receive a confirmation email containing information about joining the meeting.

Topics Include:

  • Introduction to popular social media physician communities: #MedTwitter,
    Instagram, YouTube, TikTok
  • How to establish a social media presence and grow your audience.
  • Common terminology e.g., Twitter handle, hashtag
  • Scheduling posts
  • How social media can be harnessed for effective patient education, practice growth, and advocacy.
  • Best ways to connect with patients and colleagues on social media.
  • Pitfalls of social media as a physician
  • What not to do on social media

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Do You Know an Outstanding Physician? MSSNY Now Accepting Nominations for the Albion O. Bernstein, MD Award
“…the physician, surgeon or scientist who shall have made the most widely beneficial discovery or developed the most useful method in medicine, surgery or in the prevention of disease in the twelve months prior to December 2020.” 

This award was endowed by the late Morris J. Bernstein in memory of his son, a physician who died in an accident while answering a hospital call in November, 1940.

The $2,000 award will be presented to the recipient during a MSSNY Council Meeting.

Nominations must be submitted on an official application form and must include the nominator’s narrative description of the significance of the candidate’s achievements as well as the candidate’s curriculum vitae, including a list of publications or other contributions.

Deadline for applications is June 9, 2021. To request an application, please contact: 

Committee on Continuing Medical Education
 Miriam Hardin, PhD, Manager, Continuing Medical Education
Medical Society of the State of New York
99 Washington Avenue, Suite 408
Albany, NY 12210

Join MSSNY Young Physicians, Residents/Fellows, and Medical Students this Saturday, April 24, 2021 at 12:30 PM
MSSNY’s Young Physicians, Residents/Fellows, and Medical Students (YPS/RFS/MSS) will gather for a joint virtual meeting this Saturday, April 24 at 12:30. All physicians and medical students are welcome! Register for the YPS/RFS/MSS meeting.

The meeting features informative speakers on a variety of important topics:

12:30 PM – Welcome
12:40 PM – Dr. Bonnie Litvack, MSSNY President: MSSNY Updates
1:15 PM – Dr. Luis Seija, Vice-Chair of MSSNY-RFS: Racism as a Public Health Crisis
1:45 PM – Dr. Thomas Madejski, AMA Board of Trustees: AMA Action Information
2:30 PM – Dr. Mira Irons, Chief Health & Science Officer of the AMA: COVID Updates
3:00 PM – Moe Auster, MSSNY VP for Government Affairs: Legislative Victories Update and the importance of MSSNYPAC
3:30 PM – Kate Sellers, Sellers Insurance: What You Need to Know About Disability Insurance
4:00 PM – Dr. Charles Rothberg and Dr. Frank Dowling: MSSNY’s Peer-to-Peer program

MSSNY’s Women Physicians Committee Offers Volunteer Virtual Homework Assistance
MSSNY has volunteer homework assistants! If you have school age children (K – 12) who could use a virtual helping hand with homework, let us know.

The MSSNY Women Physicians Committee, recognizing the considerable additional responsibility that has fallen on our physician families with school age children due to the Covid-19 pandemic, has launched a Virtual Volunteer Homework Assistance Program. This is a MSSNY members only program.

Contact and tell us in which subject(s) your child is in need of support. We will match your child with a helper as best we can. You can then make the arrangements that work best for all.

Please remember that our homework assistants are members’ children who have volunteered (i.e., not professionals tutors and not vetted) and that MSSNY is not responsible for scholastic outcomes.

With our thanks,
Rose Berkun, MD and Maria Basile, MD
Co-Chairs, MSSNY Women Physicians Committee

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Classified Ads Available for:

Physicians’ search services • allied medical placements • locum tenens • practice valuation • practice brokerage • practice consulting • real estate

For help, information or to place your ad, call Christina Southard 516-488-6100 x355 • fax 516-488-2188

For the MSSNY 2021 Ad Rate Sheet, please click here.

Office Rental 30 Central Park South
Two fully equipped exam, two certified operating, bathrooms and consultation room.  Shared secretarial and waiting rooms.  Elegantly decorated, central a/c, hardwood floors. Next to Park Lane and Plaza hotels. $1250 for four days a month. Available full or part-time. 212.371.0468 /

Beautifully Renovated Modern Medical Office Sublet in Great Neck
-Separate reception area -Consultation room -1-3 exam rooms -Free Valet Parking -Designated physician parking spot. Contact Dr. Nir Somekh (516) 662-1232.
Great Neck office to sublet

Ophthalmic Office to Sublet – NYC
340 E. 49TH St. (Ground Floor -Handicap Accessible) 1-3 Lanes Wed/Fri/Sat/Sun Full use of: VF / OCT /Pachymeter/ Autorefractor /Autolensometer / Argon / YAG Lasers

Please contact Scott Weissman MD. 914-772-5581 

.Soho Rental OfficeTwo Offices Available for Rent in Established SoHo Primary Care Practice
Newly constructed loft space. Dedicated private waiting area available.  This space is ideal for individual psychiatry, psychology, social work, physical therapy, or acupuncture services. Potential to work with existing Primary Care Practice as a referral source. Centrally located in the heart of SoHo, close to all subways. Available 7 days/week.

Medical Office and Medical Practice (Upper East Side)
79th St near Lexington / Park. 750 sq Ft beautiful, street entrance, medical office for sale with a 25 + yr internal medical practice for sale. Office is in move in condition. Physician retiring. Waiting room. Secretarial area for 3. 1 Consult room. 2 exam Rooms 2 Toilets. Please contact: 917-770-8700 / email

Allergy Practice For Sale, Forest Hills, NY
Founded in 1988, this well-established Single Practitioner Allergy Practice has over 3500 active patients, with very positive patient reviews. The office is only one of a few in the area, but patients are seen from throughout the NYC Metropolitan Area, as well as Long Island. Potential for growth. Centrally located next to major public transportation.  Retirement planned. Lease is assignable. Well-trained, extremely personable staff of three, including a Registered Nurse. Payer mix85% private, 10% Medicare 5% other. Email any questions 

NYS Jobs LogoReview Vacancy

Date Posted: 03/23/21 Applications Due: 04/06/21 Vacancy ID: 85272

Position Information 

Agency Health, Department of
Title Health Program Director 2 -TBD
Occupational Category Other Professional Careers
Salary Grade 665
Bargaining Unit M/C – Management / Confidential (Unrepresented)
Salary Range From $122092 to $154253 Annually
Employment Type Full-Time
Appointment Type Permanent
Jurisdictional Class Non-competitive Class
Travel Percentage 10%



Hours Per Week




From 8:30 AM
To 4:30 PM
Flextime allowed? No
Mandatory overtime? No
Compressed workweek allowed? No
Telecommuting allowed? No


County Albany
Street Address CCH; Division of Family Health

Corning Tower, ESP

City Albany
State NY
Zip Code 12237

Job Specifics 

Minimum Qualifications Twelve years of professional level work experience, three of which must have included managerial, decision-making and/or oversight responsibilities for a major health-related program or in the direction of a major administrative function of a large health-related organization. A bachelor’s degree may be substituted for four years of the general professional experience.

Twelve or more years of progressively responsible administrative experience in programs that improve perinatal health, child and/or adolescent health, early care, and learning, and/or sexual violence prevention, including four years of managerial, decision-making, and/or program direction. Seven years of this experience would also include fiscal management, policy making and oversight responsibilities, and statewide supervision of professional level staff. The preferred candidate would be familiar with representing departmental interests and serving as a spokesperson and liaison to Executive staff, and have experience working with other state and federal governmental programs. Experience with second-level professional supervision as well as strong oral and written communication skills is also desired. A master’s degree in an appropriate field may substitute an additional one year of the general professional experience, not to exceed a maximum of five years total allowable educational Please refer to full listing

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