Per the California Department of Public Health’s (“CDPH”) September 28, 2021 Order:
All the following worker-individuals must be vaccinated for COVID-19 by an approved vaccine by November 30, 2021, including:
(i) All workers providing services or work in Adult and Senior Care Facilities licensed by the California Department of Social Services;
(ii) All in-home direct care services workers (including registered home care aids, certified home health aides) except for persons living in or family members providing services;
(iii) All waiver personal care services providers (as defined by the California Department of Health Care Services) except for persons living in or family members providing services;
(iv) All hospice workers providing services in home or in a licensed facility; and
(v) All regional center employees, as well as services provider workers who provide services to a consumer through the Regional Center network serving individuals with developmental and intellectual disabilities, except for persons living in or family members providing services.
However, certain individuals who otherwise are required to meet the CDPH’s vaccine requirements may be exempt upon providing the following to their employer:
- A Declination Form signed by the individual stating either of the following:
- (1) The worker is declining vaccination based on “Religious Beliefs” or
- (2) The worker is execused from receiving any COVID-19 vaccine due to “Qualifying Medical Reasons.” However, to be eligible for a Qualified Medical Reason exemption the worker must also provide to their employer “a written statement signed by a physician, nurse practitioner, or other licensed medical professional practicing under the license of a physician stating that the individual qualifies for the exemption (but the statement should not describe the underlying medical condition or disability) and indicating the probable duration of the worker’s inability to receive the vaccine (or if the duration is unknown or permanent, so indicate).”
Accordingly, if an individual worker meets such exemption standards, the unvaccinated worker must still meet the following requirements when entering or working in such a facility or home:
“(a) Test for COVID-19 with either PCR or antigen test that either has Emergency Use Authorization by the U.S. Food and Drug Administration or be operating per the Laboratory Developed Test requirements by the U.S. Centers for Medicare and Medicaid Services. Testing must occur once weekly for such workers.”; and
“(b) Wear a surgical mask or higher-level respirator approved by the National Institute of Occupational Safety and Health (NIOSH), such as an N95 filtering facepiece respirator, at all times while in the facility or home.”
PLEASE TAKE NOTE that this brief blog post is not a complete and exhaustive list of the CDPH’s COVID-19 Vaccination Order and/or related regulations and should be viewed as a summary for educational and informational purposes. All such interested parties should consult the CDPH’s order via the website link below and should schedule an appointment with our law office for a full analysis.
At KAY GHAD LLP, we are dedicated to counseling and representing healthcare operators and owners, including Skilled Nursing Facilities and Assisted Living Facilities with all healthcare compliance matters. For help with your healthcare facility, please contact us at [email protected] or (213) 529-2900.
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