Tuesday, May 10, 2022
HomeHealth LawEnterprise Associates Beware: You Could Want To Vaccinate Workers Underneath Current Biden...

Enterprise Associates Beware: You Could Want To Vaccinate Workers Underneath Current Biden Government Order

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President Biden issued an Government Order on September 9, 2021 (the “EO”) that may result in required COVID-19 vaccinations for employees in most well being care services that obtain Medicare or Medicaid funds.  This covers roughly 50,000 well being care suppliers throughout the nation.

The EO additionally triggers COVID-19 vaccination necessities for a lot of of those well being care suppliers’ HIPAA enterprise associates, if the contracts are entered into, renewed, or prolonged on or after October 15, 2021.

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As per the EO, the Safer Federal Workforce Activity Pressure will difficulty additional steering by September 24, 2021, together with language that affected coated entities and enterprise associates should incorporate into their contracts and subcontracts.  The EO comprises few exceptions:

This order shall not apply to:
(i)    grants;
(ii)   contracts, contract-like devices, or agreements with Indian Tribes below the Indian Self-Dedication and Schooling Help Act (Public Regulation 93-638), as amended;
(iii)  contracts or subcontracts whose worth is the same as or lower than the simplified acquisition threshold, as that time period is outlined in part 2.101 of the Federal Acquisition Regulation;
(iv)   staff who carry out work exterior the United States or its outlying areas, as these phrases are outlined in part 2.101 of the Federal Acquisition Regulation; or
(v)    subcontracts solely for the availability of merchandise.

Many coated entity well being care suppliers have been implementing employee vaccination mandates for a while, and have grappled in current months with the breadth and scope of COVID-19 vaccination mandates affecting employees, volunteers, distributors, and different people who enter their services.  Enterprise associates who present providers to those well being care suppliers are much less prone to have developed insurance policies and procedures coping with workforce and subcontractor vaccination necessities.  The EO ought to function a wake-up name to enterprise associates who could face a COVID-19 worker and subcontractor vaccination requirement within the close to future.

 

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