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Ex. AGY-ST-HEALTH-SUBORDERS-042 Order Primary source read

Emergency Secretary's Order amending 16 DE Admin. Code 4406 Home Health Agencies--Aide Only (Licensure) (25 DE Reg. 348 (Oct. 1, 2021))

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

Molly K. Magarik, Cabinet Secretary, DHSS · Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

The COVID Project

The record

Jurisdiction
Delaware - Department of Health and Social Services, Division of Health Care Quality · Delaware
Level
State
Authority
16 Del. C. and 29 Del. C. § 10119 (recited)
Issued
2021-08-10 Aug. 10, 2021
Effective
2021-09-30
End
120 days from Sept. 30, 2021, renewable once for 60 days (read as 2021-09-30)
In force
Sept. 30, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Health care ordersWorkplace rulesVaccination or testing
Addressees
  • licensed aide-only home health agencies
Functions reached
  • HC in-home visits (aide testing or vaccination as a condition of deployment)
  • HR hiring and staffing
  • IC infection control
  • WF workforce
Collection
State health department orders to licensed settings AGY-ST-HEALTH-SUBORDERS

Operative words

[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's 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

Notes

Signed Aug. 10, 2021, effective Sept. 30, 2021; the earliest-signed of the Delaware September 2021 series.