Health care-related employment laws became a prevalent topic in 2021—the year of the COVID-19 vaccination mandates. States and the federal government continued to adopt differing approaches on mandates affecting different categories of employers. There were also several non-COVID-19-related employment laws affecting the health care industry in 2021. This alert provides an overview of these laws and provides recommendations for navigating them.
I. Vaccine Mandates for Health Care Workers
California
On 26 July 2021, California Governor Gavin Newsom announced that all employees in health care and high-risk congregate settings must show proof of COVID-19 vaccination status or submit to weekly COVID-19 testing. On 5 August 2021, the California Department of Public Health issued an order that expressly mandated the COVID-19 vaccine for health care workers who work in certain enumerated health care facilities. On 28 September 2021, the California Department of Public Health issued an order requiring all adult and senior care facilities employees, hospice workers, and direct care workers to be fully vaccinated unless they have a medical or religious exemption, submit to weekly tests, and wear a surgical mask or higher-level respirator.
Colorado
The Colorado State Board of Health approved an emergency vaccine requirement rule (6 CCR 1101-1, Chapter 2 Part 12) for staff in health care settings with high-risk patients. It required all licensed health care facilities in Colorado to...
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