COVID-19 Vaccination Now Mandatory for Many Colorado Health Care Workers
The Colorado State Board of Health (CSBH) adopted an emergency rule mandating that all licensed healthcare facilities ensure their eligible employees, direct contractors, and support staff are fully vaccinated against COVID-19[1]. The emergency rule comes in response to a letter sent by Governor Jared Polis to the CSBH requesting it consider requiring vaccination for all individuals “involved in health care and support staff who regularly come into contact and share space with vulnerable populations including patients seeking medical care in essential medical settings and in congregate senior living facilities.”
The emergency rule provides that a first dose of the vaccination must be received by September 30, 2021, and the second dose (if applicable) must be received by October 31. The rule also mandates that those covered must receive a subsequent, or booster, dose of the vaccination should one be recommended by the CDC, and all covered facilities must ensure that after October 31, 2021, newly hired employees, direct contractors, or support staff members obtain full COVID-19 vaccination status.
Health-care facilities that the emergency rule affects include the following:
Acute treatment units
Ambulatory surgical centers
Assisted living residences
Behavioral health entities
Birth centers
Community clinics
Community clinics with emergency centers
Community integrated health care services agencies
Community mental health centers
Dialysis treatment clinics
Freestanding emergency departments
Home care agencies
Home care placement agencies
Hospices
Hospitals (general, rehabilitation, psychiatric and hospital units)
Facilities for individuals with intellectual and developmental disabilities (group homes and intermediate care facilities)
Nursing homes
Because the CSBH does not have authority over individual healthcare practitioners or staff, nor does it oversee other settings where patients seek medical care including primary care offices and urgent care locations, the emergency rule does not apply to such facilities.
Takeaway
The emergency rule requires covered facilities to develop and implement policies and procedures that comply with the rule, including maintaining records of proof of immunizations and documentation supporting exemptions for qualifying medical or religious exemptions. Covered Colorado healthcare facilities should continue to monitor https://covid19.colorado.gov/ and immediately begin plans to comply with the emergency rule. Please reach out to the attorneys at Campbell Litigation, P.C. for assistance.
[1] See 6 CCR 1101-1, Chapter 12, available at available at: https://drive.google.com/file/d/1EXWVy-Zsn9YEm272lyLR-cBpb_NotNXi/view