COVID-19 Compliance

Much confusion and angst has been brought about in the recent announcement of President Biden’s new COVID mandate.  This along with changes to the OSHA ETS have left many home health and hospice providers wondering what to do.  First of all, neither of these new regulations have been implemented yet—so take a deep breath.  The changes are coming fairly soon, however, and you will need a good, solid plan.  Providers have voiced their primary concerns are cost of testing, payment of staff who test positive, and weekly COVID testing for the unvaccinated.  Those are valid reasons for uneasiness, but the challenges of this time are not insurmountable. 

Let’s review some positives.  The OSHA ETS mandate is re-evaluated every 30 days.  When the US can effectively manage the COVID virus, these regulations should end.  According to the White House COVID Plan, there is a strategy to expand access to free testing through retail pharmacies around the country.  At present, it’s stated testing will be available to anyone.  Under the OSHA rule, qualification for Medical Removal Protection (MRP) pay requires the employee to test positive for COVID.  Employees who refuse to be tested do not quality for paid time off.  All wages spent on employees who qualify for MRP are covered under the American Rescue Plan until September 30, 2021.  If your organization’s policy requires vaccination, employers are allowed to ask for proof of vaccination.  Those who claim a medical restriction to being vaccinated need a physician letter to meet the requirements of American with Disability Act.

Until these new regulations are posted—President Biden’s plan in an emergency interim rule and the changes to OSHA ETS—nothing is set in stone.  However, now is the time for organizations to begin implementing their plans of action.