The Elijah Law
Elijah’s Law was signed by Governor Cuomo on September 12th, 2019. It amended the Public Health Law to extended the life-saving protection that is currently in place for schools, to all early child care programs. It requires all child day care programs in New York to adhere to guidelines for preventing and responding to food allergy anaphylaxis. The new law is named after our 3-year-old son, Elijah Silvera from New York City, who was given a grilled cheese sandwich at his daycare, despite having a known severe dairy allergy. Elijah went into anaphylaxis and was not given an epinephrine injection. Elijah died on November 3rd 2017.
Daycares are now required to implement proper guidelines for the prevention and recognition of anaphylaxis. This includes training, individualized health care plans, communication, and strategies to reduce allergen exposure.
Elijah's Law, also known as the Childhood Anaphylactic Policy Act (HB0102), was signed into law by Illinois Governor JB Pritzker on August 20, 2021. This legislation, which represents a watershed moment in the knowledge of food allergies, requires that childcare centers and schools develop standards and give the training to recognize and avoid the danger of anaphylaxis in children and young adults. This crucial piece of legislation was passed in New York in 2019 and is now being implemented in Illinois, making it the second state in the United States to do so. In Pennsylvania, an expansion of the Elijah’s Law bill (HB 1259) was recently introduced to the legislature for review.