{"id":"AGY-ST-HEALTH-SUBORDERS-042","kind":"order","level":"state","jurisdiction":"Delaware - Department of Health and Social Services, Division of Health Care Quality","state":"DE","metro":"","industry":"","agency":"ST-HEALTH-SUBORDERS","eco":"","issuer":"Molly K. Magarik, Cabinet Secretary, DHSS","authority":"16 Del. C. and 29 Del. C. § 10119 (recited)","instrument":"Emergency Secretary\u0027s Order amending 16 DE Admin. Code 4406 Home Health Agencies--Aide Only (Licensure) (25 DE Reg. 348 (Oct. 1, 2021))","title":"Home Health Agencies (Aide Only): infection-control amendments adding COVID-19 testing of all staff consistent with Division of Public Health guidance and policies on refusals to test or to release vaccination status; staff to be vaccinated or regularly tested","dateIssued":"2021-08-10","effective":"2021-09-30","end":"120 days from Sept. 30, 2021, renewable once for 60 days","startDate":"2021-09-30","endDate":"2021-09-30","quarters":["2021Q3"],"types":["VAX","HC","EMP"],"addressees":["licensed aide-only home health agencies"],"clause":"[home health agency staff must either provide evidence of COVID-19] vaccination, or undergo regular testing to prevent the transmission of COVID-19. While the state\u0027s requirements will offer employees the choice between getting vaccinated or getting tested, employers should encourage vaccination and federal guidance permits employers to require vaccinations. This emergency order adds language to the July amendment of Section [11.0]... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.","enforcement":"Home health agency licensure sanctions (16 Del. C. ch. 1, subch. II); 16 Del. C. § 107","functions":["HC in-home visits (aide testing or vaccination as a condition of deployment)","HR hiring and staffing","IC infection control","WF workforce"],"notes":"Signed Aug. 10, 2021, effective Sept. 30, 2021; the earliest-signed of the Delaware September 2021 series.","sourceUrl":"https://archive.regulations.delaware.gov/register/october2021/emergency/25%20DE%20Reg%20348%2010-01-21.htm","snapshot":"","fileExists":true,"fileBytes":513050,"grade":"primary","character":"","description":"","collection":"AGY-ST-HEALTH-SUBORDERS","url":"/library/AGY-ST-HEALTH-SUBORDERS-042","exhibitUrl":"/exhibit/AGY-ST-HEALTH-SUBORDERS-042","citation":"Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary\u0027s Order amending 16 DE Admin. Code 4406 Home Health Agencies--Aide Only (Licensure) (25 DE Reg. 348 (Oct. 1, 2021)) (Aug. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-042)","stateName":"Delaware","related":["AGY-ST-HEALTH-SUBORDERS-043","AGY-ST-HEALTH-SUBORDERS-044","AGY-ST-HEALTH-SUBORDERS-045","AGY-ST-HEALTH-SUBORDERS-046","AGY-ST-HEALTH-SUBORDERS-047","AGY-ST-HEALTH-SUBORDERS-048","AGY-ST-HEALTH-SUBORDERS-049","AGY-ST-HEALTH-SUBORDERS-050"]}