COVID-19 vaccination requirements for federal contractors and employees, Centers for Medicare and Medicaid (“CMS”) certified health care and other providers, Head Start educators and international travelers implemented in 2021 in response to the COVID-19 health care emergency.
The Whitehouse announced requirements for Federal employees, Federal contractors, and international air travelers will end at the end of the day on May 11, the same day that the COVID-19 public health emergency ends. Additionally, the Department of Health and Human Services (“HHS”) and Department of Homeland Security (“DHS”) also announced they are starting the process to end their vaccination requirements for Head Start educators, CMS-certified healthcare facilities, and certain noncitizens at the land border at a date to be announced soon.
Once the applicable mandate ends, organizations subject to these mandates, like private sector organizations not currently subject to them, will need to decide whether and when their organizations will impose these mandates as part of their occupational health and safety policies.
Organizations deciding to continue requiring vaccination will need to design their program to appropriately accommodate disability and religious concerns of employees in accordance with Equal Employment Opportunity Commission rules.
All organizations also need to use care to avoid discrimination or retaliation against workers in violation of federal laws and to address requests for accommodation for employees suffering from long COVID.
We hope this update is helpful. For more information about these or other health or other legal, management or public policy developments, please contact the author Cynthia Marcotte Stamer via e-mail or via telephone at (214) 452 -8297.
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About the Author
Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is a practicing attorney board certified in labor and employment law by the Texas Board of Legal Specialization and management consultant, author, public policy advocate and lecturer widely-known for 30+ years of health industry and other management work, public policy leadership and advocacy, coaching, teachings, and publications.
A Fellow in the American College of Employee Benefit Counsel, Chair of the American Bar Association (“ABA”) International Section Life Sciences and Health Committee, Chair-Elect of the ABA TIPS Section Medicine & Law Committee, Past Chair of the ABA Managed Care & Insurance Interest Group, Scribe for the ABA JCEB Annual Agency Meeting with HHS-OCR, past chair of the ABA RPTE Employee Benefits & Other Compensation Group and current co-Chair of its Welfare Benefit Committee, Ms. Stamer is most widely recognized for her decades of pragmatic, leading-edge work, scholarship and thought leadership on health and managed care and employer benefits legal, public policy and operational concerns.
Ms. Stamer’s work throughout her 35-plus year career has focused on working with health care and managed care, health and other employee benefit plan, insurance and financial services, and other public and private organizations and their technology, data, and other service providers and advisors domestically and internationally with legal and operational compliance and risk management, performance and workforce management, regulatory and public policy and other legal and operational concerns. She also speaks and publishes regularly on these and other topics.
For more information about Ms. Stamer or her health industry and other experience and involvements, see www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here.
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