Updates Regarding Chapter 2 COVID-19 Vaccination Requirements

 

In August 2021, the Board of Health was asked by Governor Polis to enact a requirement that employees, direct contractors, and support staff who work for licensed healthcare facilities or agencies obtain vaccination against COVID-19. The Board of Health adopted the first set of emergency rules adopting this standard on August 30, 2021. Since that time, the Division has worked with stakeholders to revise these vaccination and reporting requirements in order to balance the necessity to obtain high rates of vaccination among employees, direct contractors, and support staff with the business needs of licensed healthcare facilities and agencies. These revisions have come before the Board of Health twice, once in December 2021 and again in March 2022. The Colorado Department of Public Health and Environment (CDPHE) does not intend to seek another set of emergency rules, nor does it intend to seek to make the current Chapter 2 regulations permanent. As such, the Chapter 2 COVID-19 Vaccine Requirements shall expire July 14, 2022.  When CDPHE began collecting data pursuant to the regulations, the reported vaccination rate was 87.6%. As of June 1, 2022, 94% of all staff in facilities are vaccinated. This number has remained steady over the past three months, based on information reported to CDPHE by licensed facilities. Overall, the Department is proud of the work of its licensed facilities and agencies to ensure compliance with the vaccine requirements and that 653 of facilities achieved 100% vaccination of eligible employees. Why did the Board of Health change the policy? First, as previously mentioned, the vaccination rate, as well as medical and religious exemption numbers, have remained steady for the past 3+ months. This indicates that all employees who will get vaccinated have done so. Second, HB22-1401 was signed into law by Governor Polis on May 18, 2022. While the bulk of this bill pertains to licensed Hospitals, there is language directing the Department to enact requirements for all licensed facilities and agencies related to infection prevention and control. While the Department has not yet determined what these requirements will be, the statute requires that they include provisions related to testing, vaccination, and treatment for COVID-19 in accordance with applicable recommendations and guidance. While the specifics will be worked out with stakeholders in the future, the Department envisions COVID-19 vaccination will be part of this conversation. Third, while the Department intends to let its state licensure vaccination requirement expire in July, it is important to note that the federal requirement for staff to be vaccinated or obtain a valid medical or religious exemption, through the Centers for Medicare and Medicaid Services (CMS), will still apply to any licensed facility that is certified by CMS to receive federal reimbursement. Approximately one-third of all licensed facilities are certified by CMS, and therefore their staff will still be subject to a vaccination requirement. Key takeaways for licensed facilities and agencies: Effective July 14, 2022, current obligations under Part 12 of 6 CCR 1011-1, Chapter 2 related to COVID-19 vaccination expire.  This includes the associated obligation to report into Colorado Health Facilities Interactive (COHFI) on a twice-monthly basis.  The requirements of Part 11 of Chapter 2 regarding vaccination against influenza are still in effect and not impacted by the expiration of these emergency rules.  Despite the expiration of these rules, facilities and agencies may maintain any mandatory vaccination policies they have adopted to date.  Long-term and residential care facilities (Skilled Nursing Facilities, Assisted Living Residences, Intermediate Care Facilities, and Group Homes) are still subject to the requirements of Public Health Order 20-20 and the Comprehensive Mitigation Guidance document.  Facilities certified by CMS are still subject to the federal government’s vaccine mandate.  CDPHE’s Health Facilities and EMS divisions will engage in conversations with stakeholders later regarding the implementation of HB22-1401, which will likely include some requirements around vaccination and vaccination policies.