Sept. 30th Deadline is Coming for Colorado ALRs
On August 30, 2021, the Colorado Board of Health adopted an Emergency Regulation requiring that all licensed healthcare facilities have a policy in place to ensure that 100% of employees, direct contractors, and support staff have obtained full COVID vaccination. The employees, direct contractors, and support staff subject to the policy must have at least the first dose of the vaccine by September 30, 2021. While the emergency rule does not specifically state this, it appears that any requests for waivers of the 100% requirement also be submitted by September 30th.
To comply with federal civil rights laws, a facility must allow for medical and religious exemptions, and its policy has to state how it intends to handle such requests. CDPHE will not review the employee’s request for exemption itself, but it will review the facility’s policy. It will also review the facility’s plan to mitigate the effects of unvaccinated workers by taking other safety precautions consistent with CDC and CDPHE guidance and rules. There is no catchall exemption for personal beliefs. The only valid exemptions are for medical reasons validated by certain licensed professionals and sincerely held religious beliefs. Reasonable accommodation may not be required if it causes undue hardship for the facility.
If 100% vaccination cannot be achieved, the facility must request a waiver in accordance with 6 CCR 1011-1, Chapter 2, Part 5. Do not use the standard wavier form. CDPHE created a new form for the vaccination waiver, which can be found here. CDPHE has also clarified that waivers are only required if compliance cannot be achieved due to religious exemptions.
Note that one requirement for the waiver is that notice be posted in accordance with Chapter 2, Part 5.3. This includes that the notice be posted for thirty (30) days at all public entrances to the facility, as well as in at least one area commonly used by clients, such as a waiting room, lounge, or dining room.
Waivers may take up to 90 days to grant. During this time, the facility may operate as if the waiver has been granted. Mitigation measures should be fully in place.
Facilities must start reporting on their level of compliance on October 1st. The Department has not yet provided a form for the reporting, but the items to be reported can be found in the Emergency Rule. Please be aware that these reports will be publicly available.
If you need help drafting your policy or submitting a waiver, please contact one of our attorneys ASAP.