After weeks of uncertainty, the federal government released more details — and a concrete deadline — for the administration’s sweeping COVID-19 vaccine mandate Thursday morning.
Businesses with more than a hundred employees, healthcare providers, and federal contractors will soon need to implement and enforce a vaccine mandate or face penalties from federal agencies.
Employees at large businesses who plan on getting vaccinated will have until Jan.4 to receive two doses of the Pfizer or Moderna shots or one dose of the Johnson & Johnson shot. Those who decide not to get vaccinated will have to receive weekly COVID-19 tests and don a face mask while at the workplace.
Businesses for which the guidance applies will need to pay their staff for the time it takes to get vaccinated, though they are not required to cover the costs of weekly testing. Companies that violate the federal mandate could have to pay $13,000, though fines could be steeper if violations are repeated or intentional.
New Hampshire joined a lawsuit with several other Republican-led states against the certain parts of the mandate last week. In a press release announcing the lawsuit, Attorney General John Formella took issue with the government’s mandate on federal contractors.
“The benefits of the COVID-19 vaccine do not justify violating the law,” he said in a press release. “This lawsuit is being filed to protect the State of New Hampshire from the federal government’s attempt to impose illegal mandates.”
Both mandates override any inconsistent state or local laws, including laws that ban or limit an employer’s authority to require vaccination, masks, or testing. Under a law signed by Gov. Chris Sununu in July, Granite Staters can’t be required to be vaccinated against COVID-19 in order to access public facilities, benefits or services.
At a committee meeting on the policy of medical intervention including immunizations Wednesday, Anne Edwards, the associate attorney general, said the mandates are now implicating state agencies, like the Department of Business and Economic Affairs, giving them a basis to challenge the rule in court.
“We as a state are required to follow it unless we challenge it,” she said. “That’s why we’ve raised those challenges in court.”
Healthcare employees, regardless of whether they work directly with patients, must also be fully vaccinated by Jan. 4 in order to receive Medicaid funding. Brendan Williams, the president of the New Hampshire Health Care Association, said nearly all nursing homes in New Hampshire rely on these federal healthcare programs to keep their doors open.
Healthcare workers are not afforded the same testing exemptions large businesses can offer their unvaccinated employees.
Williams said he agrees with the decision to exclude this option for nursing home staff, who work with one of the most vulnerable demographics in the state.
“Having testing as an opt-out would be to preserve the status quo,” he said.
Some nursing home administrators have expressed concerns that a rigid mandate with no testing option would push them into a precarious staffing situation. Williams said about 89% of nursing home staff in the state are already vaccinated, so the number of staff that might leave as a result of the mandate is relatively low compared to other states.
The mandate will apply to hospitals, ambulatory surgery centers, dialysis facilities, home health agencies, and long-term care facilities.