RALNA Legislative Update June 8, 2021

Vaccine Related Legislation

As COVID-19 vaccination levels rise, legislation such as the North Carolina, “Vaccination Private Choice Act” will likely rise along with it. At least two states have introduced legislation preventing mandatory vaccination in assisted living facilities.

In North Carolina, the introduced “Vaccination Private Choice Act” prohibits mandatory disclosure of vaccination status for all people, in any circumstance. This Act specifically prohibits an adult care home from refusing to admit or provide resident services to someone based on their vaccination status or refusal to disclose vaccination history.

In North Dakota similar legislation has been sent to the governor for execution. This Act, while prohibiting the government and private businesses from obtaining documentation to certify a person’s vaccination status, does make an exception for health care providers, including long-term care facilities.

Additionally in North Dakota, legislation has been proposed that prohibits an employer from conditioning employment on vaccination for a communicable disease. Health care facilities, including assisted living facilities are again exempt from this prohibition unless the immunization went through an expedited development and review process before being approved for distribution. This would likely mean that assisted living facilities could not require their employees to get the current COVID-19 vaccines.

On a related note, there is a proposed statute in Illinois that would require health insurers to cover the cost of COVID testing for long-term care employees.

You can check the RALNA Legislative Tracker for real-time updates on the proposed legislation that we’re watching:

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