Please note: Due to the Thanksgiving Holiday, this will be the only update for the week. If major state or federal updates happen, we will send out a special alert to keep you informed.
LEADINGAGE KANSAS NEWS
No Friday Webinar This Week
Next Webinar is Friday, December 3rd. If you haven’t already done so, register here for upcoming calls through the end of the year.
Vaccine Mandate Toolkit
We are collecting tools and resources to help you comply with the new healthcare mandate. We will continue to add to the resources as we receive them. View the toolkit. You will need to have your LeadingAge Kansas website login credentials to view it.
LEGISLATIVE UPDATE
COVID-19 Vaccine Mandate Legislation Sole Order of Special Session Business – Starts Today
For the first time in the history of the State of Kansas, the Legislature has successfully petitioned the Governor for a special session. This will be the 25th Special Session in Kansas history.
Over the past several weeks the Committee on Government Overreach and the Impact of Covid-19 Mandates has been meeting, taking public testimony, and crafting potential legislation to be considered today. Much of this action stems from the federal mandate requirements for CMS providers, federal contractors, and the OSHA regulations impacting companies of over 100 covered employees. The testimony was wide ranging. Read LeadingAge Kansas’s Testimony. While the majority of the testimony from individuals encouraged push back against the federal government, much of the business community was concerned that a new state law might muddy the water and create confusion over conflicting federal and state laws. A business could, to fulfill their federal contracts, follow federal law and by default be out of compliance with state law. This could create legal grounds for employees to sue, could lead to their employees going on unemployment and creating negative UI ratings. On the other hand, following state law could lead to the forfeiture of federal contracts.
The Special Committee ultimately crafted two main bills. The first essentially strengthened allowable exemptions for refusing vaccination, creating a blanket religious exemption (the validity of which may not be questioned by the employer), and a very broad medical exemption that must be signed off on by a doctor. If the employer refused to accept these exemptions the bill creates a right for the employee to sue and would award attorneys’ fees to the employee if they were successful. The second bill would allow any employee whose exemption was rejected (and who left their job by refusing to receive the vaccination) to obtain unemployment compensation from their employer.
Action is underway to attempt to address some of the major business concerns (such as right to sue and eligibility for unemployment.) While it’s unclear exactly how long this special session will last, most legislators seem hopeful that the issue can be resolved in one day, even if it’s a very long day, as they keep an eye towards the Thanksgiving Holiday.
FEDERAL NEWS
ACIP Recommends Expansion of Boosters
The CDC’s Advisory Committee on Immunization Practices (ACIP) voted unanimously to endorse Pfizer and Moderna booster vaccinations for all adults. ACIP’s recommendations extend booster shots to people 50 and older, as well as people 18 and older living in long-term care communities; and, anyone 18 and older “may” opt for a booster if they choose to do so under ACIP’s recommendation. ACIP’s proceedings and materials from its November 19th meeting can be found here.
LEADINGAGE NATIONAL NEWS
FAQs from Our CMS/ OSHA Vaccine Mandate Webinar
We received many thoughtful and important questions from members during our Thursday, November 11th Vaccine Mandate webinar. Here are FAQs from that webinar. Note: this will necessarily be updated as details change and evolve related to both the CMS Rule and the OSHA ETS.
This Week’s Online Coronavirus Policy Updates
Today, November 22nd, 2:30 PM Central – In addition to the latest update by national staff, Tina Sandri, CEO of Forest Hills in Washington, DC, will talk about how her organization has been working to quickly implement the new CMS visitation guidance while planning for the holidays. She will also talk about her organization’s continuing efforts to educate on vaccination and its success with boosters. Please note: there will be no online update on Wednesday, November 24th. Register today.
Mandate Minute, Week 1
A new segment on the national call entitled the “Mandate Minute” started last week. In this segment, we aim to highlight news, ideas and resources to help members implement vaccine mandates set by federal and state agencies. You can read the transcripts of the first two segments here.
New Insights and Tools From LeadingAge
LeadingAge staff experts are developing essential advocacy, guidance, and tools, and curating the most relevant resources for aging services providers:
- Nursing Home Weekly Recap
- Life Plan Community Weekly Recap
- Home Health and Hospice Weekly Recap
- PACE Weekly Recap
- Senior Housing Weekly Recap
- HUD Issues Clarification of Services Valuation In Rent Setting
- Phase 4 & ARP Rural Payments to Arrive Starting in December
- Cures 2.0 Extends Critically-Needed Medicare Telehealth Flexibilities
- Mandate Minute: Resources from Week 1
- LPC Advisory Group: Transitions through the Continuum
- FAQs from Our CMS/ OSHA Vaccine Mandate Webinar
A complete timeline of insights, tools, and useful links is available here, so you’ll never miss an update.
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