All health care employers covered by the mandate should begin working with their counsel to develop a policy to comply with the mandate, if they haven’t done so already. Most health care workers are now required to get vaccinated before coming to their workplace. Although there is no automatic option to offer testing instead, employers must consider valid requests for religious and medical accommodations, which may include testing if a reasonable accommodation.
CMS revised the deadlines for vaccination in states where the health care mandate had previously been stayed: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming. In these states, workers now need to get their first shot by February 13 and their second shot by March 15. Deadlines for workers in Texas, where a lawsuit against the mandate was dismissed on January 19, have not yet been announced.
Workers in the remaining states must receive their first shot by January 27, and their second shot by February 28.