Gov. Phil Murphy today signed Executive Order No. 290, which updates and clarifies timeframes for requiring covered workers at healthcare facilities and high-risk congregate care settings to be up to date with their COVID-19 vaccinations. The order aligns with updated Centers for Disease Control and Prevention (CDC) recommendations.
EO No. 290 clarifies that healthcare facilities subject to the federal Centers for Medicaid & Medicare Services (CMS) rule must have a policy in place that requires their covered workers to complete their primary series of the COVID-19 vaccination within the timeframes set forth in the guidance for the federal CMS Rule. Additionally, EO No. 290 modifies the timeframe within which healthcare facilities’ covered workers must obtain their booster dose to be April 11, 2022 or within three weeks of becoming eligible, whichever is later.
EO No. 290 also modifies the deadline by which high risk congregate care settings must require their covered workers to submit proof that they are up to date with their vaccination by May 11, 2022, including any booster for which they are eligible. Workers who become newly eligible for a booster shot after the May 11, 2022 deadline, will be required to submit proof of their booster shot within three weeks of becoming eligible.
It also requires a covered setting to take the first step toward bringing a noncompliant covered worker into compliance as part of the disciplinary policy required by Executive Order No. 283 (2022) within two weeks of the respective April 11, 2022 and May 11, 2022 deadlines. Under the EO, failure to take such action may result in penalties and other corrective actions allowed pursuant to federal or state regulation or statute.
“Over the course of our COVID-19 response, we have always followed the science in decision-making, and this is no different,” Murphy said. “This executive order ensures that our COVID-19 vaccination requirements for covered workers in medical and high-risk congregate settings are able to properly keep themselves and those whom they care for safe.”
NJBIA has stressed concerns about the vaccine mandate on the healthcare workforce – which ranges from doctors and nurses to home healthcare aids – since it was originally announced.
“We are appreciative of the administration giving more flexibility to the healthcare workforce by extending the vaccine mandate,” said NJBIA Director of Government Affairs Alexis Bailey. “However, we still have concerns about the potential impacts on the disruptions of the healthcare workforce in the weeks ahead.”
For a copy of EO No. 290, please click here.
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