Waiver of 6 CCR 1011-1, Chapter 2, Part 12 for Live-in Caregivers

 

To: Home Health Agencies   From: CDPHE   On August 30, 2021, the Board of Health adopted emergency amendments to 6 CCR 1011-1, Chapter 2 - General Licensure Standards, which added a requirement in Part 12 for all facilities and agencies to ensure 100% of their employees, direct contractors, and support staff obtain vaccination against COVID-19. Recognizing the differences across facility and agency types, the Department is issuing the following waiver of the Chapter 2, Part 12 requirements for live-in caregivers of licensed Home Care Agencies. There is no waiver application necessary to utilize this waiver.    For purposes of this waiver, a live-in caregiver is defined as an individual who is employed by a home care agency, licensed under 6 CCR 1011-1, Chapter 26, to provide care to one or more clients residing in the same household as the live-in caregiver. A live-in caregiver does not provide care to clients outside of the household.    Under this waiver, live-in caregivers are not subject to the requirements of 6 CCR 1011-1, Chapter 2, Part 12 - COVID-19 Immunization of Employees, Direct Contractors, and Support Staff.  Agencies intending to utilize this waiver may do so under the following conditions:    Unvaccinated live-in caregivers shall wear Personal Protective Equipment (PPE), in accordance with state and national guidelines, when in contact with other employees, direct contractors, and support staff of the home care agency, even when such contact occurs in the household.  The agency shall maintain documentation of all employees, direct contractors, and support staff who qualify as live-in caregivers and are exempt from the regulations (unvaccinated). This documentation shall be made available to the Department upon request.    The waiver is subject to termination upon notice from the Department. Additionally, agencies must comply with all other requirements of 6 CCR 1011-1, Chapter 2 and Chapter 26, including all infection control requirements as well as vaccination requirements for agency employees and contractors who do not qualify as live-in caregivers. For agencies that utilize this waiver, compliance with the 100% staff vaccination standard required in Chapter 2, Part 12 will be calculated as follows:   100% = (total # vaccinated) + (total # medical exemptions) + (total # religious exemptions under an approved Department waiver) + (total # live-in caregivers exempt under this waiver).   If these numbers do not add up to 100% of your agency staff due to one or more religious exemptions granted by the agency, then your agency must apply for a waiver. For more information about applying for the waiver, see the Mandatory Vaccination Waiver Application Form.