HHAC Member Resource Center: COVID-19 Vaccination Orders

 

Colorado State COVID-19 Vaccination Orders

 

Code of Colorado Regulations Regarding Vaccination Mandates 

 
Reporting Requirement Details

The Colorado Health Facilities Interactive (COHFI) system now serves as the primary application where all licensed health care facilities are required to report COVID-19 vaccination data per Public Health Order 20-20. The decision to transfer the vaccination reporting function from EMResource was made after the vaccination requirement rule was passed August 30, 2021. The emergency rule is in effect and carries the weight of state law. Facilities are required to comply. 
 
The application is similar to the flu vaccination reporting function. If you have not already accessed the new application and begun vaccination reporting in CoHFI, please do so immediately. Facilities were required to report their staff vaccination data on October 1, 2021, and again on the first and 15th of every month.
 
To access the new vaccine reporting function: 

  • Currently, only COHFI account managers will be able to access the COVID-19 vaccination reporting application. If you do not have the Manage Users button next to the facility name, you will not be able to submit the report. We are working to add the functionality of assigning that role to facility users, but it will not be ready at release.
  • The vaccination reporting option will be available for all facilities at launch. If you are not a licensed facility but would still like to report, you will have that option. Only licensed facilities are required to submit reports.
Submitting your facility’s COVID-19 vaccination report:
  • Sign into COHFI at https://www.cohfi.colorado.gov/COHFI/Account/Login, select the facility you would like to submit a report for, in the top navigation menu select Vaccination Reporting and then COVID Vaccination Reporting. Complete the form and select the Submit Vaccination Report button. A detailed guide will be available in the User Manual.
  • The vaccination reporting system will be undergoing updates as additional questions related to staff who have not confirmed their vaccination status and staff who are partially vaccinated are being added into the system. These updates are expected to be live before the next mandatory reporting date of October 15.
  • After you have entered your initial COVID-19 vaccination data into COHFI, when you have to report next you can select the Load Previous Submission button to load the last submitted report. Then, you can update the form with your current numbers, or if your numbers have not changed you can select the Submit Vaccination Report button. Load Previous Submission does not load the previous submissions of the question on staffing resignations. Those answers should be updated for every cycle. 
Publishing the reports:
  • All reports will be published publicly.  

 
Assignment of Vaccination Reporting

The Health Facilities and Emergency Medical Services Division has added the ability to assign Vaccination Reporting to users at your facility. COHFI Account Managers can now sign in, select the facility to manage, select the Manage Users button and check the box to allow users to submit vaccination reports.

Detailed instructions can be found in the COHFI User Manual on the Managing User Permissions page of the Administration section.
For questions, please email us at [email protected]
 

Other Reources


Questions and Contact Information

Please feel free to submit any additional questions about the implementation of the rule to the Residential Care Strike Team ([email protected]) or 303.692.2836.

Questions about the rule language can be directed to the Health Facilities Policy Team ([email protected]).

Questions about using the application can be sent to [email protected]

 

National Vaccination Orders (IFC and ETS)

On Thursday, November 4, 2021, both the Omnibus COVID-19 Health Care Staff Vaccination interim final rule with comment period (IFC) and the OSHA Emergency Temporary Standard (ETS) were posted for public inspection.

The Centers for Medicare & Medicaid Services (CMS) will require full COVID-19 vaccination for all employees at Medicare and Medicaid-participating healthcare facilities by Jan. 4, 2022, and OSHA will require all employees at businesses with 100 or more workers to be vaccinated by the same date or to get tested weekly for the virus and wear a face mask in the workplace.

Specifically, the official announcement states that, “Facilities covered by this regulation must establish a policy ensuring all eligible staff have received the first dose of a two-dose COVID-19 vaccine or a one-dose COVID-19 vaccine prior to providing any care, treatment, or other services by December 5, 2021.

“All eligible staff must have received the necessary shots to be fully vaccinated – either two doses of Pfizer or Moderna or one dose of Johnson & Johnson – by January 4, 2022. The regulation also provides for exemptions based on recognized medical conditions or religious beliefs, observances, or practices. Facilities must develop a similar process or plan for permitting exemptions in alignment with federal law.”

Booster shots are not mandated.

 

Application

The Health Care IFC applies to Medicare and Medicaid certified facilities, including the following: Ambulatory Surgical Centers, Hospices, Programs of All-Inclusive Care for the Elderly, Hospitals, Long Term Care facilities, Psychiatric Residential Treatment Facilities, Intermediate Care Facilities for Individuals with Intellectual Disabilities, Home Health Agencies, Comprehensive Outpatient Rehabilitation Facilities, Critical Access Hospitals, Clinics (rehabilitation agencies, and public health agencies as providers of outpatient physical therapy and speech-language pathology services), Community Mental Health Centers, Home Infusion Therapy suppliers, Rural Health Clinics/Federally Qualified Health Centers, and End-Stage Renal Disease Facilities.”

The IFC requirement applies to employees regardless of whether their position is clinical or not, and includes students, trainees and volunteers at the covered facility as well. However, it does not apply to private-duty home care agencies, nor to Medicaid providers of home and community-based services that are not regulated as certified facilities.

Facilities that are not certified under Medicare and Medicaid, but have more than 100 employees, are still subject to the OSHA Employer Emergency Temporary Standard (ETS). If any business meets the qualifications for both policies the IFC will supersede the ETS.

Employers who fall under the ETS must provide employees with reasonable paid leave to get vaccinated, defined as up to 4 hours.

 

Accommodations

Healthcare employees will not have the option of regular COVID-19 testing instead of vaccination. However, medical and religious accommodations are allowed for healthcare workers and for other employees under IFC and ETS.

Accommodations are excepted for individuals with a disability or religious belief that prohibits them from being vaccinated, and for situations where a vaccine is medically contraindicated or where a medical necessity requires a delay in vaccination.

Facilities must have an accommodation policy and keep a record of approved accommodations.

 

Enforcement

It’s important to note the Biden-Harris Administration have made it clear that both the IFC and ETS pre-empt any state law under the Supremacy Clause of the United States Constitution. However, legal challenges are almost certain. Nineteen states have already sued the federal government in response to the federal contractor vaccination mandate, and it is expected that states, companies and business groups will challenge the IFC and ETS

For healthcare facilities, “CMS will ensure compliance with these requirements through established survey and enforcement processes.  If a provider or supplier does not meet the requirements, it will be cited by a surveyor as being non-compliant and have an opportunity to return to compliance before additional actions occur. CMS’s goal is to bring health care providers into compliance.  However, the Agency will not hesitate to use its full enforcement authority to protect the health and safety of patients.”

If healthcare facilities are out of compliance with the rule after the January deadline passes, CMS will impose a range of consequences, from civil monetary penalties to denied payment or removing a facility from Medicare and Medicaid programs.

 

Other Important Details

  • Employers subject to the IFC and ETS must determine the vaccination status of each employee, obtain acceptable proof of vaccination status from vaccinated employees and maintain records and a roster of each employee’s vaccination status.
  • Employees must provide prompt notice when they test positive for COVID-19 or receive a COVID-19 diagnosis, and employers must then remove the employee from the workplace, regardless of vaccination status, and not allow them to return to work until they meet required criteria.
  • The ETS does not apply to: (1) employees who do not report to a workplace where other individuals (such as coworkers or customers) are present; (2) employees who work from home; or (3) employees who work exclusively outdoors.
  • Stakeholders have 60 days to submit formal comment on the emergency regulation. It is important to note that since this is an emergency regulation, the requirements will go into effect immediately and before any additional response is provided on the comments by CMS. The comment period officially closes on January 4, 2022. At that point, CMS will consider and respond to comments as a part of potential future rulemaking, if needed.

 

Resources

  • The latest information on the OSHA rule can be reviewed on their website and FAQs.