There is no more debate for healthcare workers in Illinois about whether to get vaccinated against COVID-19 (not that there should have been any debate), at least if they want to continue working. On August 26, 2021, Gov. J.B. Pritzker issued Executive Order 2021-20, which mandates that almost all healthcare professionals and staff in the state must get their shots, subject to certain narrow exceptions. The Order took effect immediately. Physicians and medical practice owners need to understand the governor’s vaccination mandate for their staff to ensure compliance. Here is what physician/owners need to know:
Physicians and medical practice owners need to understand the governor’s vaccination mandate for their staff to ensure compliance. Here is what physician/owners need to know:
All “Health Care Workers” Must Receive At Least One Dose By Sept. 5
The Order requires all “Health Care Workers” to:
- receive at least the first dose of a two-dose COVID-19 vaccine series or a single-dose COVID-19 vaccine by September 5, 2021, and
- be fully vaccinated against COVID-19 within 30 days following administration of their first dose in a two-dose vaccination series.
“Health Care Workers” and “Health Care Facilities” Covered By The Vaccine Mandate
As defined in the governor’s order, “Health Care Workers” covered by the vaccine mandate are those who:
- are employed by, volunteer for, or contract to provide services for a Health Care Facility, or are employed by an entity that is contracted to provide services to a Health Care Facility, and
- are in close contact (fewer than 6 feet) with other persons in the facility for more than 15 minutes at least once a week on a regular basis as determined by the Health Care Facility.
With the exception of state-owned or operated facilities, almost any facility or office that provides medical care is a “Health Care Facility” whose workers, as defined above, must get vaccinated. This includes:
- physician offices
- dental offices
- ambulatory surgical treatment centers
- free-standing emergency centers
- urgent care facilities
- birth centers
- post-surgical recovery care facilities
- end-stage renal disease facilities
- long-term care facilities (including skilled and intermediate long-term care facilities)
- Specialized Mental Health Rehabilitation Facilities
- assisted living facilities
- supportive living facilities
- medical assistance facilities
- mental health centers
- outpatient facilities
- rehabilitation facilities
- residential treatment facilities
- adult day care centers
Unvaccinated Workers Barred From Premises Until Tested
As of September 5, 2021, covered Health Care Facilities must ban from their premises any Health Care Worker who has not provided proof (CDC vaccination card, photo of card, or documentation from a health care provider) that they have been fully vaccinated unless they submit to testing as follows:
- Health Care Workers who are not fully vaccinated against COVID-19 must be tested for COVID-19 weekly, at a minimum.
- Such testing for Health Care Workers who are not fully vaccinated against COVID-19 must be conducted on-site at the Health Care Facility or the Health Care Facility must obtain proof or confirmation from the Health Care Worker of a negative test result obtained elsewhere.
Those With Medical and Religious Exemptions From Vaccination Mandate Still Require Weekly Testing
Consistent with federal law, the Order provides medical, religious, and Americans With Disabilities Act exemptions, though any workers who qualify for an exemption must submit to weekly testing.
To qualify for a vaccination exemption, a worker must demonstrate that:
- vaccination is medically contraindicated, including any individual who is entitled to an accommodation under the Americans with Disabilities Act or any other law applicable to a disability-related reasonable accommodation, or
- vaccination would require the individual to violate or forgo a sincerely held religious belief, practice, or observance.
The Order does not specify what consequences or penalties could be imposed on medical practices for violation of the vaccine mandate, but it does authorize state agencies to “promulgate emergency rules as necessary to effectuate this Executive Order.” Accordingly, practices should establish clear policies and protocols for ensuring that their staff is fully vaccinated, as well as implement a testing program for unvaccinated workers. They should also be prepared to send home any employee who does not comply with the Order.
If you are a medical practice owner and have questions about the governor’s vaccination mandate for your employees, please give me a call at 312-236-2433 or fill out my online form to arrange for your free initial consultation.