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Ex. MA-067 Order Primary source read

COVID-19 Public Health Emergency Order No. 2021-4

Order of the Commissioner of Public Health regarding the requirement for nursing home personnel to be vaccinated against COVID-19

Acting Commissioner of Public Health Margret R. Cooke, with Public Health Council authorization (June 9, 2021) and the Governor's approval · Massachusetts (State)

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The record

Jurisdiction
Massachusetts
Level
State
Authority
G.L. c. 17, s. 2A; Governor's May 28, 2021 declaration
Issued
2021-08-04 Aug. 4, 2021
Effective
2021-08-04; full vaccination required by October 10, 2021; first dose by September 1, 2021 (read as 2021-08-04)
End
'until rescinded by me or the public health emergency is terminated by the Governor'; in force throughout 2021 Q3 (read as 2021-09-30)
In force
Aug. 4, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Health care ordersWorkplace rulesVaccination or testing
Addressees
  • all nursing homes licensed under G.L. c. 111, s. 71 (Levels I, II, III)
  • all 'personnel' incl. employees, contractors, medical staff, students and volunteers
Functions reached
  • HR hiring and credentialing of all nursing-home personnel from Aug. 4, 2021
  • WF workforce (vaccination status as a condition of work)
  • IN admissions
  • PL staffing-agency placements at nursing homes
Collection
Massachusetts MA

Operative words

All nursing homes must ensure that all personnel are fully vaccinated against COVID-19 by October 10, 2021, unless such administration is medically contraindicated... or the individual objects to vaccination on the basis of a sincerely held religious belief... Personnel may not otherwise decline the vaccine. As of October 10, 2021, nursing homes shall ensure that all new personnel are fully vaccinated or qualify for an exemption... prior to being hired or otherwise affiliated with the facility. Nursing homes should ensure that all personnel have received at least the first dose of COVID-19 vaccine, if they are receiving a two dose series by September 1, 2021.... Violations of this Order shall be enforced against licensed facilities as provided by 105 CMR 153.000. As of October 10, 2021, the Department shall have the authority to order any nursing home that has fewer than 75% of personnel vaccinated against COVID-19 to stop accepting new admissions until such time as 75% or greater of the nursing home's personnel are fully vaccinated.

Enforcement

105 CMR 153.000 licensure enforcement; admissions freeze below 75 percent; documentation and reporting to DPH by October 10, 2021

Notes

Recites 34,044 cases and 5,613 deaths among nursing-home residents and staff and a five-fold increase in cases over the prior 30 days as of July 30, 2021.