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Employee Vaccine Information: Privacy Concerns
/in COVID-19, HIPAABy Kim Stanger
Given the COVID-19 vaccine mandates, employers—including healthcare entities—will need to confirm their employees’ vaccination status. Employers and healthcare providers must ensure they comply with privacy rules relating to employee vaccination information, including those imposed by the Health Insurance Portability and Accountability Act (HIPAA) and Americans with Disabilities Act (ADA). Read more
Vaccine Mandate for Healthcare Providers
/in COVID-19, ProvidersBy Kim Stanger
On September 9, 2021, President Biden announced that the federal vaccine mandate for nursing facilities will be extended to most other healthcare workers. Unfortunately, the announcement raised more questions than it answered. Here is what we do and do not know so far; we may have to wait for the October regulations to learn the specifics. This article supplements our September 10 client alert “Vaccine Mandates Q&A” and focuses on the mandate applicable to healthcare workers. Read more
FDA Fully Approves Pfizer-BioNTech COVID-19 Vaccine: Implications for Employers
/in COVID-19Yesterday, the U.S. Food and Drug Administration (FDA) granted “full approval” to the Pfizer-BioNTech COVID-19 vaccine for individuals 16 years of age and older. In other words, the Pfizer-BioNTech vaccine (which will now be marketed as “Comirnaty”) has received the top level of clearance a medical drug can possibly obtain from the U.S. government. Many employers and healthcare providers are now wondering how this latest news affects them, particularly with regards to vaccination mandates. Read more
OSHA’S New ETS: Are Public Hospitals Covered?
/in OSHABy Robert Ayers
OSHA’s new healthcare emergency temporary standard (ETS) does not specifically exclude state and local healthcare systems, such as county hospitals. However, pursuant to Section 3(5) of the OSH Act, “any State or political subdivision of a State” is not an “employer” for purposes of the Act, and is therefore excluded from its coverage, including standards promulgated thereunder. 29 U.S.C. § 652(5); StarTran, Inc. v. OSHRC, 608 F.3d 312, 313-314 (5th Cir. 2010). Read more
Unpacking OSHA’s Historic Emergency Temporary Standard and Updated COVID-19 Guidance
/in UncategorizedBy Robert Ayers
On June 10, OSHA announced two significant developments in the ongoing saga of COVID-19 restrictions in the workplace. First, OSHA issued an emergency temporary standard (ETS) applicable to healthcare settings. Second, OSHA updated its COVID-19 guidance for all other non-healthcare settings. Read more