COVID-19 Regulatory Guidance

As of 12/29/2021:

CDC Guidance for Isolation and Quarantine Protocols

• If you have a positive COVID-19 test (regardless of vaccination status):
  • Stay isolated for 5 days
  • If no symptoms exist, or symptoms lessen after 5 days, you may leave your house but only with a mask for 5 additional days
  • If symptoms persist, including fever, stay home for 5 additional days
• If you have had exposure to person(s) with COVID-19:
  • Have been boosted OR
  • Completed the primary series of Pfizer or Moderna vaccine within the last 6 months OR
  • Completed the primary series of J&J vaccine within the last 2 months
    • Wear a mask around others for 10 days.
    • Test on day 5, if possible.

CMS Omnibus Healthcare Employee Vaccination Interim Final Rule

• The following states will not have surveyor enforcement action in place due to current litigation:
  • 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, Texas, Utah, West Virginia and Wyoming.
• All other states have two time periods of compliance
  • Within 30 days following the issuance of this memorandum, if the facility demonstrates:
    • Policies and procedures are developed and implemented for ensuring all facility staff, regardless of clinical responsibility or patient contact are vaccinated for COVID-19, including all required components of the policies and procedures specified below (e.g., related to tracking staff vaccinations, documenting medical and religious exemptions, etc.); and
    • 100% of staff have received at least one dose of COVID-19 vaccine or have a pending request for, or have been granted a qualifying exemption, or are identified as having a temporary delay as recommended by the CDC, the facility is compliant under the rule;
      or
    • Less than 100% of all staff have received at least one dose of COVID-19 vaccine, or have a pending request for, or have been granted a qualifying exemption, or are identified as having a temporary delay as recommended by the CDC, the facility is non-compliant under the rule. The facility will receive notice of their non-compliance with the 100% standard. A facility that is above 80% and has a plan to achieve a 100% staff vaccination rate within 60 days would not be subject to an enforcement action. Facilities that do not meet these parameters could be subject to additional enforcement actions depending on the severity of
      the deficiency and the type of facility (e.g., plans of correction, termination).
  • Within 60 days following the issuance of this memorandum, if the facility demonstrates:
    • Policies and procedures are developed and implemented for ensuring all facility staff, regardless of clinical responsibility or resident contact are vaccinated for COVID-19, including all required components of the policies and procedures specified below (e.g., related to tracking staff vaccinations, documenting medical and religious exemptions, etc.); and
    • 100% of staff have received the necessary doses to complete the vaccine series (i.e., one dose of a single-dose vaccine or all doses of a multiple vaccine series) or have been granted a qualifying exemption, or are identified as having a temporary delay as recommended by the CDC, the facility is compliant under the rule; or
    • Less than 100% of all staff have received at least one dose of a single-dose vaccine, or all doses of a multiple vaccine series, or have been granted a qualifying exemption, or are identified as having a temporary delay as recommended by the CDC, the facility is non-compliant under the rule. The facility will receive notice of their non-compliance with the 100% standard. A facility that is above 90% and has a plan to achieve a 100% staff vaccination rate within 30 days would not be subject to an enforcement action. Facilities that do not meet these parameters could be subject to additional enforcement actions depending on the severity of the deficiency and the type of facility
  • Within 90 days and thereafter following issuance of the memorandum, facilities failing to maintain compliance with the 100% standard may be subject to enforcement action.

OSHA Healthcare ETS

• All non-reporting items have been withdrawn
• What remains in effect:
  • The COVID-19 log
  • Reporting Standards
    • All work related COVID-19 fatalities
      • Within 8 hours
      • The employer’s business name;
      • The name of the deceased or hospitalized employee;
      • The time and location of the work-related incident (i.e., exposure) that led to the fatality or in-patient hospitalization, if known;
      • The type of reportable event (i.e., fatality or in-patient hospitalization);
      • The number of employees who suffered a fatality or in-patient hospitalization (if applicable);
      • A brief description of the incident; and
      • The name and contact information of the employer’s designated contact person.
    • All work related COVID-19 hospitalizations
      • Within 24 hours
  • The General Duty Clause
    • (a) Each employer –
      • (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
      • (2) shall comply with occupational safety and health standards promulgated under this Act.
    • (b) Each employee shall –
      • comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.
  • Personal Protective Equipment (PPE)
  • Respiratory Protection Standards
  • OSHA General Standards