The COVID Project
The record
- Jurisdiction
- Delaware
- Level
- Sector regulator
- Authority
- 16 Del. C. § 1119C; 29 Del. C. § 10119
- Issued
- 2021-09-10 Sept. 10, 2021
- Effective
- 2021-09-30 (120 days) (read as 2021-09-30)
- End
- 2022-01-27 (renewable once for 60 days) (read as 2022-01-27)
- In force
- Sept. 30, 2021 to Jan. 27, 2022
- Quarters
- 2021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
- Addressees
- every licensed home health agency (aide only) and its staff, vendors and volunteers
- Functions reached
- HR every hire tested before start
- WF ongoing testing of unvaccinated staff; work exclusion
- IC infection control program
- SC vendors tested
- Collection
- Delaware DE
Operative words
'Emergency regulations to require this infection prevention and control program were published in the July 2021 Register at 25 DE Reg. 27 (07/01/21). In addition, home health agency - aide only 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.... 11.4 Specific Requirements for COVID-19 11.4.1 Before their start date, all new staff, vendors and volunteers must be tested for COVID-19 in accordance with Delaware Division of Public Health Guidance. 11.4.2 All staff, vendors and volunteers must be tested for COVID-19 in a manner consistent with Division of Public Health Guidance. 11.4.3 Agencies must follow recommendations of the Centers for Disease Control and Prevention and the Division of Public Health regarding the provision of care or services to patients by staff, vendor or volunteer found to be positive for COVID-19 in an infectious stage. 11.5 The agency shall amend their policies and procedures to include: 11.5.1 Work exclusion and return to work protocols for staff tested positive for COVID-19. 11.5.2 Staff refusals to participate in COVID-19 testing; 11.5.3 Staff refusals to authorize release of testing results or vaccination status to the agency. 11.5.4 Procedures to obtain staff authorizations for release of laboratory test results...; and 11.5.5 Plans to address staffing shortages and agency demands should a COVID-19 outbreak occur. This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.'
Enforcement
Licensure under 16 Del. C. ch. 11 and 16 DE Admin. Code 4406; emergency regulation under 29 Del. C. § 10119
Notes
Health-care-worker vaccination-or-testing mandate in force on the last day of 2021 Q3; the parallel orders for 4410 (skilled home health), 4407 (hospitals, DE-047), 4468 (hospice), 3345 (personal assistance, DE-055), 4402, 4403, 4405, 4409, 3210, 3301, 3305, 3310, 3315, 3320, 3330, 3335 and 3340 are indexed in the Public Archives with the same effective date. Published 25 Del. Reg. 319-357 (Oct. 1, 2021).
Retrieval noteRead in full. The signature line reads 'this 10th day of August, 2021'; the parallel orders (DE-047, DE-055) read 'this 10th day of September, 2021' and the Governor's Aug. 12, 2021 release said the requirement 'will be formalized by the end of this month'; cite the effective date (Sept. 30, 2021) and note the discrepancy.