Skip to content
The COVID Project
  1. Library
  2. State health department orders to licensed settings
  3. AGY-ST-HEALTH-SUBORDERS-045

Ex. AGY-ST-HEALTH-SUBORDERS-045 Order Primary source read

Emergency Secretary's Order amending 16 DE Admin. Code 3345 Personal Assistance Services Agencies, Section 9.0 (25 DE Reg. 339 (Oct. 1, 2021))

Personal Assistance Services Agencies: COVID-19 testing of all staff; vaccination-or-testing; 9.5.3 policies on staff refusals to release testing results or vaccination status

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
2021-09-10 Sept. 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 personal assistance services agencies (non-medical home care)
Functions reached
  • HC in-home personal assistance visits
  • HR hiring and staffing (aides)
  • IC infection control
  • WF workforce
Collection
State health department orders to licensed settings AGY-ST-HEALTH-SUBORDERS

Operative words

[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... 9.5.3 Staff refusals to authorize release of testing results or vaccination status to the agency;... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement

Licensure sanctions; 16 Del. C. § 107

Notes

Reaches non-medical home care agencies, the home-care industry's largest employer class.

Retrieval note

The DE State file saved the earlier 3345 §§ 9.4-9.5 order (2021); this is the Sept. 2021 vaccination-or-testing amendment.