Long-term care operators may learn details of a new federal COVID-19 vaccine mandate for healthcare workers as early as today. It is expected to be enacted immediately but not enforced for at least several weeks, in order to allow the non-vaccinated to get their shots.
On Monday, a Department of Labor spokeswoman confirmed to McKnight’s that the Office of Management and Budget had completed its regulatory review of the administration’s proposed emergency temporary standard. The Occupational Safety and Health Administration has developed the rule, which is set to be released in “the coming days,” according to the spokeswoman.
It is expected that the Centers for Medicare & Medicaid Services will announce details of the highly anticipated program, making it valid as soon as it is published in the Federal Register. Enforcement, however, is expected to be phased in gradually, CMS officials have said.
Speculation among long-term care leaders is that any penalties wouldn’t begin for a month or more, so that last-minute vaccination hold-outs will have time to get both shots if receiving the Pfizer or Moderna vaccines.
Anxiety has been high in many long-term care circles due to fears of potential employee walk-offs due to a mandate. Most companies that have initiated their own mandates, however, have reported relatively light worker losses due to vaccination refusals. But they also have usually had above-average vaccination levels, so it is not known how worker-starved areas with low vaccination rates will fare under a new regulation. Many locations have already curbed new admissions due to staff shortages.
The national rate of vaccinated nursing home employees has inched up to 71.2% (compared to 85.9% of nursing home patients). That’s according to CMS data published Thursday, reflecting provider submissions through Oct. 17.
There had been 128,857 patient deaths and 713,668 confirmed patient COVID cases. In addition, there had been 2,143 confirmed staff deaths and 663,548 staff infections.
President Biden first announced Aug. 18 that nursing home employees would be subject to an employee vaccination mandate. On Sept. 9, he expanded that to include all healthcare workers at facilities participating in the Medicare or Medicaid programs. Earlier in October, federal officials said they hoped to announce details of the new rule by the end of that month.
In addition to the healthcare employee stipulations, OSHA has been working on language for an employee mandate for companies who employ 100 or more cumulatively among their sites. Those companies’ employees are expected to be vaccinated or be subject to at least weekly COVID-19 testing.
Employers are expected to have to give workers paid time off to get the shots, and provide paid sick leave for any worker who has debilitating side effects from the jab, according to published reports.
