COVID-19 Vaccine Mandates

Federal/Nationwide

Alert 1 - Sept. 10, 2021
Announcement Part 1
    • The Centers for Medicare & Medicaid Services (CMS) is taking action to require COVID-19 vaccinations for workers in most health care settings that receive Medicare or Medicaid reimbursement.

According to the CMS.gov website, “The Biden-Harris Administration will require COVID-19 vaccination of staff within all Medicare and Medicaid-certified facilities to protect both them and patients from the virus and its more contagious Delta variant.”

Click here to link to CMS.gov to review a more detailed list of the facilities under this announcement.

CMS is developing an Interim Final Rule with Comment Period that will be issued in October.

“CMS expects certified Medicare and Medicaid facilities to act in the best interest of patients and staff by complying with new COVID-19 vaccination requirements. Health care workers employed in these facilities who are not currently vaccinated are urged to begin the process immediately. Facilities are urged to use all available resources to support employee vaccinations, including employee education and clinics, as they work to meet new federal requirements.”

Until CMS issues their Interim Final Rule in October, this is all we know. For example, we do not know if this requires any employee to be let go who is not vaccinated.

While it is prudent to announce this upcoming new requirement to your staff, if this rule will be applicable to you, and begin preparing for it, we do not advise terminating any staff. Educate your employees, encourage and/or incentivize the vaccine, and do what you can to get as many of your staff vaccinated, and once the Rule is issued, we’ll know more what to do for those who remain unvaccinated.

Alert 2 - Sept. 10, 2021
Announcement Part 2
    • All private employers subject to federal OSHA with 100 or more employees will need to require their employees to be vaccinated against COVID-19. If they continue to employ unvaccinated workers, those workers must be tested weekly.
    • All private employers subject to federal OSHA with 100 or more employees will be required to provide paid time off in order for workers to get vaccinated as well as recover from the vaccine if there are side effects.

While the announcement was made, no rule has been issued on the matter. The Emergency Temporary Standard (ETS) will be issued by the Occupational Health and Safety Administration (OSHA). It is likely this will come within the next few weeks as they are expected to act fast. Since no rule has been issued, it is currently not in effect, therefore, trying to immediately comply with this announcement may be ill-advised since the details are unknown. While we don’t know for certain how much time employers will have to comply, it is likely to be 75 days from the date the ETS is issued. Therefore, there is time to prepare and plan, and not make hasty decisions with no accurate information.

There are many, many questions, but until the ETS is issued, there are little to no answers. A few key things:

  • This will be a federal OSHA ETS, which only covers 29 states. States not covered by federal OSHA, such as CA, TN, NC, and KY, will have to adopt the ETS, or create one that is just as effective within 15-30 days of when the ETS is issued. Therefore, the rules for employers in states not governed by federal OSHA may be different.
  • The ETS will be in effect for 6 months once issued. After 6 months it must be replaced by a permanent OSHA standard which requires a more formal rulemaking process.
  • We do not know who will be required to pay for the testing if unvaccinated workers continue to be employed.
  • We do not know if employers will be required to pay for their employees’ time to be tested.
  • We do not know which type of test will be required.
  • We do not know the requirements for determining the 100-employee threshold. Will it be per location or nationwide?
  • We do not know which type of documentation will be required, or for how long it will need to be kept.
  • We do not know the impact on remote workers.

Please know that we will provide updated information on all of this and more as soon as we can. Please keep an eye out for future Alerts. We will do everything we can to ensure you are prepared for this rule, and we appreciate your patience as we all wait for these rules to be officially issued and can, therefore, begin the process of compliance.

California

Alert #1
July 26th 2021

Please read our detailed Alert by clicking here.

To view the complete Order issued by the state, click here.

For a sample memo to send to your staff regarding this, click here.

Alert #2
July 26th 2021

Click here to read our latest batch of Q & A’s.

Click here to read our Step-by-Step Guide.

Click here to access our Covid-19 Vaccination Status form.

Click here to access our sample COVID-19 Testing Tracking Aug. 2021 form. [MS Word required]

Click here to access our sample COVID-19 Testing Tracking Sept. 2021 form. [MS Word required]

Click here to access some links to other possible resources for tracking vaccination status and testing.

Alert #3
August 5th, 2021

To read the details, please click here.

Connecticut

August 6th, 2021

To read the details of this Order, please click here.

Illinois

August 26th, 2021

We’ve taken the Order information and put it in an easy-to-read format. To view this document, click here.

To view the complete Order issued by the Governor, click here.

For a sample memo to send to your staff regarding this, click here. [MS Word required]

Click here to read our current batch of Q & A’s.

Click here to read our Step-by-Step Guide.

Click here to access our Covid-19 Vaccination Status form.

Click here to access our sample COVID-19 Testing Tracking Sept. 2021 form. [MS Word required]

Click here to access our sample COVID-19 Testing Tracking Oct. 2021 form. [MS Word required]

Click here to access some links to other possible resources for tracking vaccination status and testing.

Maine

August 12th, 2021

We’ve taken this information and put it in an easy-to-read format. To view this document, click here.

To view 10-144 CODE of Maine Rules, Chapter 264 in its entirety, click here.

For a sample memo to send to your staff regarding this, click here. [MS Word required]

Click here to read our Step-by-Step Guide.

Click here to access our Covid-19 Vaccination Status form

Maryland

August 18th, 2021

To read the details of this Order, please click here.

New Jersey

August 6th, 2021

To read the details of the Governor’s, please click here.

New York

August 26th, 2021

We’ve taken the Order information and put it in an easy-to-read format. To view this document, click here.

To view the Order issued by the NYS Department of Health, click here. To view the revised Order issued and approved by the NYS Public Health and Health Planning Council, click here.

For a sample memo to send to your staff regarding this, click here. [MS Word required]

Click here to read our Step-by-Step Guide.

Click here to access our Covid-19 Vaccination Status form.

Alert #1
August 5th, 2021

We’ve taken the Order information and put it in an easy-to-read format. To view this document, click here.

To view the complete Order issued by the state, click here.

For a sample memo to send to your staff regarding this, click here. [MS Word required]

Click here to read our current batch of Q & A’s.

Click here to read our Step-by-Step Guide.

Click here to access our Covid-19 Vaccination Status form.

Click here to access our sample COVID-19 Testing Tracking Sept. 2021 form. [MS Word required]

Click here to access our sample COVID-19 Testing Tracking Oct. 2021 form. [MS Word required]

Click here to access some links to other possible resources for tracking vaccination status and testing.

Alert #2
August 19th, 2021

For a revised sample memo to send to your staff regarding this, click here. [MS Word required]

Click here to read our revised Step-by-Step Guide.

Click here to access our revised Covid-19 Vaccination Status form.

Alert #3
August 25th, 2021

OHA has issued specific forms they require to be used for any employee asking for a medical or religious exemption. Therefore, forms you may have gotten from us are invalid. Click here and here to access these forms.

To read the details of this new Alert, please click here.

Click here to access our revised Covid-19 Vaccination Status form.

Alert #1
August 9th, 2021

We’ve taken the Order information and put it in an easy-to-read format. To view this document, click here.

To view the complete Order issued by the Governor, click here.

To view an FAQs document issued by the Governor, click here.

For a sample memo to send to your staff regarding this, click here. [MS Word required]

Click here to read our Step-by-Step Guide.

Click here to access our Covid-19 Vaccination Status form.

Alert #1
August 16th, 2021

We’ve taken this information and put it in an easy-to-read format. To view this document, click here.

To read DC Health’s letter to healthcare workers, click here.

To read DC Mayor’s and DC Health’s announcement about the new requirements for healthcare workers, click here.

For a sample memo to send to your staff regarding this, click here. [MS Word required]

Click here to read our Step-by-Step Guide.

Click here to access our Covid-19 Vaccination Status form.