HCAOA Associate Member Littler has compiled a one-stop chart (current as of 12/13/21) that provides basic information on vaccination mandates issued at the federal and statewide levels. It covers directives that affect public or private entities as employers.
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Recently, two separate federal district courts - the Western District of Louisiana and Eastern District of Missouri - issued injunctions blocking enforcement of the CMS rule mandating healthcare worker vaccinations. In combination, these rulings result in a nationwide preliminary injunction prohibiting CMS from enforcing the vaccine mandate. And last week, a federal judge in Georgia issued a nationwide injunction that prevents the Biden Administration from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts. Last week, the Connecticut Department of Public Health began issuing civil penalties to long-term care facilities subject to Executive Order 13F, which mandates COVID-19 vaccinations for individuals who work in the facilities, the agency announced. Long-term care facilities subject to the EO include nursing homes, assisted living services agencies, managed residential communities, residential care homes, chronic disease hospitals, and intermediate care facilities for individuals with intellectual disabilities. “These vaccine mandates are in place to protect not only the patients and residents in long-term care but to ensure the health and safety of staff and their families and co-workers,” said DPH Commissioner Manisha Juthani, MD.
HCAOA Associate Member Littler has been monitoring the latest OSHA ETS and CMS Rule developments related to the “vaccine or test” mandates and challenges around the country. There were at least 34 challenges to the OSHA ETS filed in 12 different courts of appeal around the country. On November 12, the U.S. Court of Appeals for the Fifth Circuit issued the first order enjoining enforcement and implementation of the OSHA’s ETS. Shortly thereafter, on November 16, all of the challenges filed around the country were consolidated before the U.S. Court of Appeals for the Sixth Circuit. In addition, there are at least two lawsuits that have been filed challenging the CMS mandate. By Angelo Spinola, William C. Vail, Christopher Razo – Polsinelli What a week in the legal world! The Biden Administration issued a Vaccination and Testing Emergency Temporary Standard (ETS) on Thursday, November 4th, which the Fifth Circuit halted on Saturday, November 13. The Administration also issued a rule for certain healthcare providers accepting Medicare and Medicaid funding, and it pushed back the compliance date for federal contractors to comply with a third vaccination mandate. So where does that leave you? OSHA Issues Long-Awaited ‘Vaccine or Test’ Emergency Regulations, Court Case Halts Requirement11/10/2021 Last week, the federal Occupational Safety and Health Administration (OSHA) issued the Emergency Temporary Standard (ETS) requiring all employers with at least 100 employees to ensure their workers are fully vaccinated against COVID-19 or submit to weekly COVID-19 testing. The deadline to comply is January 4, 2022, however over the weekend, the U.S. 5th Circuit Court of Appeals temporarily halted the vaccine requirement. While the case is being determined, the vaccination, testing and mask requirements for workers that fall under the OSHA rule is on hold. There are currently more than a dozen other challenges to the ETS – and counting. Stay tuned for updates. Last week, the HCAOA Washington Chapter joined with six other long-term care advocacy groups to send a joint letter to the state’s Joint Legislative Unanticipated Revenue Oversight Committee to request an extension of COVID-19 emergency add-ons for Medicaid clients in skilled nursing facilities, assisted living centers, adult family homes, in-home care, private duty nursing, and supported living centers.
Last week, the Food and Drug Administration (FDA) officially expanded the application of COVID-19 boosters to those who originally got the Moderna or Johnson & Johnson vaccine and said that anyone eligible for an extra dose can receive a booster shot from a brand different from their initial dose. Many people have already rolled up their sleeves to “get the shot,” however a significant number of others, including caregivers, are still hesitant to get vaccinated. myCNAjobs has created a guide to help home care employers navigate and explore different strategies to talk about the vaccine to inspire new thinking and conversations.
The U.S. Department of Health and Human Services (HHS) recently announced $25.5 billion in new funding available for health care providers affected by the COVID-19 pandemic. This funding includes $8.5 billion in American Rescue Plan (ARP) resources for providers who serve rural Medicaid, Children's Health Insurance Program (CHIP), or Medicare patients, and an additional $17 billion for Provider Relief Fund (PRF) Phase 4 for a broad range of providers who can document revenue loss and expenses associated with the pandemic.
Last week, OSHA sent its draft emergency temporary standard (ETS) to the Office of Information and Regulatory Affairs (OIRA) for review. The ETS, which comes from President Biden’s COVID-19 Action Plan, requires businesses with 100 or more employees require workers to receive the COVID-19 vaccine or be tested weekly. HCAOA has requested a meeting with OIRA to discuss the impact of the mandates on the critical home care workforce shortage that is hitting at this time. Preliminary Survey Results Show Agencies Increasing Wages, Still Struggling to Staff Cases10/20/2021 HCAOA surveyed members about the impact of the workforce shortage and COVID vaccine mandates to gather first-hand data and illustrate how these issues uniquely affect the home care industry. Nearly 800 agencies completed the survey, or roughly 20% of HCAOA members. HCAOA is working with Home Care Pulse to do an in-depth analysis of the data, but at first glance, the survey shows that 94% of respondents have increased their wages in the past year to help with caregiver recruitment. By Elizabeth E. Hogue, Esq. Legal challenges to vaccine mandates continue. One of the most recent challenges already addressed by the Court is Christy Beckerich, et al v. St. Elizabeth Medical Center, et al [Civil Case No. 21-105-DLB-EBA, (E.D. Ky. Sept. 24, 2021)]. In this case, the Court rejected employees’ request for a Temporary Restraining Order and/or Preliminary Injunction to block vaccine mandates based on its conclusion that private employers can modify employment conditions to require employees to be vaccinated in response to an unprecedented global pandemic. |
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