Situation Report | January 31, 2022
As reported by HCA last week in an alert, the state Department of Health (DOH) has released updated Frequently Asked Questions (FAQs) regarding the Prevention of COVID-19 Transmission by Covered Entities Emergency Regulation, also known as the state’s vaccination mandate, to incorporate a new booster requirement.
The FAQs, which were originally distributed in August 2021, have been updated to reflect the state’s new booster and supplemental dose requirements, as well as corresponding implementation guidance.
Specifically, the new FAQs address the following:
Question 1 – The effective date of the booster requirement: The amendment adding the booster requirement and any subsequent vaccinations as recommended by the U.S. Centers for Disease Control and Prevention (CDC) was effective on January 21, 2022, when it was filed with the Department of State. Covered entities shall continuously require personnel to be fully vaccinated against COVID-19, and to have received any booster or supplemental dose as recommended by the CDC, absent receipt of a medical exemption.
Question 12 – Date for initial compliance: Covered facilities must document compliance with the emergency regulation regarding booster vaccinations that was filed and effective on January 21, 2022, by February 21, 2022. [As indicated in FAQ #1, facilities have been required to ensure that personnel receive the primary series of a COVID-19 vaccine since August 26, 2021.
Question 21 – Documentation criteria: Complete guidance on what constitutes “fully vaccinated” can be found in the Interim Clinical Considerations for Use of COVID-19 Vaccines Currently Approved or Authorized in the United States.
Questions 25 – Related to booster eligibility: Personnel have 30 days from the day they become eligible.
Question 26 – Are there personnel who are not eligible for a booster or supplemental dose exactly 5 months after the primary series: Yes, facilities may have to determine on a case-by-case basis when personnel should have received a booster or supplemental dose as recommended by the CDC. For example, certain personnel may need a temporary medical exemption from receiving a booster in connection with having tested positive for or having been treated for COVID-19. In such cases or other cases that require interpretation of CDC recommendations, personnel may not be eligible for the booster 5 months after the primary series. Facilities may have to exercise operational discretion to determine when personnel are eligible for a booster, provided that they do require and communicate to their personnel that effective immediately, personnel have to have received any booster or supplemental dose as recommended by the CDC, absent receipt of a medical exemption, and they have a reasonable system for documenting compliance with this requirement.
Click here to review the FAQs in their entirety.
DOH recently posted a Dear Administrator Letter about the booster requirement. It is available here.
HCA continues to emphasize the detrimental effects of this new regulation in discussions with the Governor’s office, DOH and elected officials.
For questions or concerns about this new rule, please contact Andrew Koski or Alyssa Lovelace.