RALNA Regulatory Update August 28, 2021

District of Columbia

Emergency Rulemaking – COVID-19 Vaccine Mandate

On August 23, 2021, the DC Department of Health adopted an Emergency rulemaking that mandates vaccines for all healthcare workers. This emergency rulemaking expires on December 20, 2021, or upon publication of a final rulemaking.

The rule mandates that the following healthcare workers receive the first dose of the Pfizer-BioNTech, Moderna, or Jannssen vaccine by September 30, 2021:

  1. Various licensed professionals, including assisted living, home health care, and nursing home administrators.
  2. Registered professionals, including nursing assistive personnel.
  3. Unlicensed healthcare workers, including nurse aides, home health aides, personal care aides, housekeeping, maintenance, and administrative staff.

The Health Department may grant exceptions based on religious beliefs or medical reasons, or because a person was vaccinated outside of the United States with a different COVID-19 vaccine approved by the WHO. Exemptions are good for one year and must be renewed annually.

Penalties for failing to comply include possible revocation of licenses, criminal penalties and fines.

Comments on this proposed rulemaking should be sent to:
Phillip Husband, Department of Health, Office of the General Counsel
899 North Capitol Street, N.E., 6th Floor
Washington, D.C. 20002
or by email to [email protected] 

Colorado

State Board of Health Special Session to Consider Rules Requiring COVID-19 Vaccination for Staff in Healthcare Settings

The Colorado Board of Health will meet on August 30, 2021, at 4:00 pm for a special session to consider rules requiring vaccination for staff in healthcare settings.

The regulations would apply to all licensed healthcare facilities over which the Colorado Department of Public Health and Environment has authority, including assisted living residences and facilities for individuals with intellectual and developmental disabilities.

The draft regulation can be found here and includes:

  • Facilities must develop and implement a policy to ensure that 100% of employees, direct contractors, and support staff have obtained full vaccination in accordance with the following schedule:
    • First dose by September 30, 2021
    • Second dose by October 31, 2021
    • Booster dose, if applicable, in accordance with recommended timelines
    • After October 31, 2021, all new hires must be vaccinated
  • Employees, direct contractors, and support staff subject to this policy include those who have the potential for exposure to residents and/or infectious materials.
  • The policy must also include:
    • Positions exempt from this requirement, with a justification for that exemption
    • Criteria for accepting or rejecting medical or religious exemptions
    • Measures to protect residents and members of the public from exposure from unvaccinated individuals, based on state and national guidelines and standards.
  • If an employee requests a medical or religious exemption, the facility must seek a waiver from the Department.
  • Vaccination rates must be reported monthly. This information will be made available to the public on the Department’s website.

Zoom Link for participation. Oral testimony is limited to 3 minutes.

Oregon

COVID-19 Vaccination Reporting in Licensed Assisted Living Facilities, Nursing Facilities and Residential Care Facilities

The Department of Human Services is having a hearing on September 20, 2021, at 2:00 pm on a regulation that would require licensed Assisted Living Facilities, Nursing Facilities, and Residential Care Facilities to report vaccination data for staff and residents on a weekly basis.

The information to be reported is:

  • (a) Number of staff who, if known:
    • (A) Were eligible to work during the previous week.
    • (B) Have received one dose of an available two-dose COVID-19 vaccine, by product.
    • (C) Have received a complete series of available COVID-19 two-dose vaccine, or one-dose COVID-19 vaccine, by product.
    • (D) Have a medical contraindication to receipt of COVID-19 vaccine.
  • (b) Number of Residents who:
    • (A) Were at the facility for at least one day in the previous week.
    • (B) Have received one dose of an available two-dose COVID-19 vaccine, by product.
    • (C) Have received a complete series of available COVID-19 two-dose vaccine, or one-dose vaccine, by product.
    • (D) Have a medical contraindication to receipt of COVID-19 vaccine.

For more information on this proposed rule, contact:
Kristina Krause, 503-339-6104
[email protected].

To attend the hearing:
DATE: 09/20/2021
TIME: 2:00 PM – 2:30 PM
TELECONFERENCE ONLY
+1 971-277-2343
Conference ID: 268006980#

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