Colorado Board of Health Adopts COVID-19 Vaccination Mandate - What that means for ALR owners and operators
As many in Colorado know, the Colorado Board of Health met on August 30, 2021 for an emergency session responsive to the Governor’s request to require COVID-19 vaccinations for healthcare workers. After a robust hearing attended by about 1,000 people, the Board voted to adopt the proposed emergency regulation requiring mandatory vaccinations for licensed healthcare facilities.
The emergency regulation applies to all 3800 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. It is important to stress that this rule applies only to facilities that CDPHE licenses or certifies. It does not apply to individual licensed professionals, as CDPHE does not have jurisdiction over them.
The emergency regulation can be found here and includes in pertinent part:
Facilities must develop and implement a policy to ensure that 100% of employees, direct contractors, and support staff have obtained full COVID 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 exemptions. This policy must include that medical exemptions be signed by a medical professional.
Criteria for accepting or rejecting 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 the facility cannot meet the 100% vaccinated mark because one or more employees has claimed a medical or religious exemption, the facility must seek a waiver from the Department in accordance with the waiver procedures of 6 CCR 1011-1, Chapter 2, Part 5. The Department will not have access to information about individual employee exemptions. One thing the Department will ask a waiver applicant is how the applicant will combat the spread of disease in their building by the unvaccinated individual(s).
Vaccination rates must be reported on the 1st and 15th day of every month. This information will be made available to the public on the Department’s website.
The Emergency Rule was supported by the Colorado Healthcare Association, Colorado Gerontological Society, American Academy of Pediatrics, Colorado Hospital Association, and AARP.
Since this is an emergency rule, it stands for only 120 days. According to Randy Kuykendall of CDPHE, this emergency rule will be a “living rule” that may change in response to community input and/or the pandemic itself. The Department will develop a permanent rule and put it before the Board in its October meeting.
We recommend that you seek assistance from legal counsel to develop a complying policy.