RCPA will hold its next member update webinar on Friday, November 19 at 9:00 am. Please register here to participate. This update will feature a presentation by Jeffrey J. Worley, Esq. of Gibbel, Kraybill & Hess LLP entitled “Federal Vaccine Mandate — Managing Your Workforce Through the Requirements and the Exemptions.” In addition, RCPA will provide updates in each policy area.
We look forward to your participation.
ODP Announcement 21-078 announces recent recommendations from the Centers for Disease Control and Prevention (CDC) about booster doses of COVID-19 vaccines. All three available vaccines, Pfizer, Moderna, and Janssen (Johnson & Johnson), now have available guidance regarding booster doses.
On Thursday, October 21, 2021, the CDC issued a recommendation for Moderna and Janssen booster doses for certain groups of individuals. This is in addition to the CDC’s earlier recommendation on September 24, 2021 for the Pfizer booster dose.
Eligible individuals are now able to schedule appointments and receive booster doses. The Office of Developmental Programs (ODP) will not be coordinating vaccine clinics for booster doses.
This announcement provides ODP’s expectations for residential providers, long-term care facilities, individuals and families. Questions about this announcement may be directed here.
ODP Announcement 21-077 provides updated guidance to providers of ICF/ID services related to infection control procedures and mitigation of the spread of COVID-19. This guidance replaces the DHS COVID-19 Provider Guidance on COVID-19 for Personal Care Homes, Assisted Living Residences, and Private Intermediate Care Facilities with the following guidance from the Pennsylvania Department of Health (PA DOH) and the Centers for Medicare & Medicaid Services (CMS) as well as any future replacements of the referenced guidance from the PA DOH and CMS.
This announcement and the guidance contained within is intended to supplement—not replace—any federal, state, or local public health and safety laws, rules, and regulations with which providers of services in ICF/IDs must comply. Providers should take an individualized approach to determining appropriate risk mitigation strategies when working with individuals, including consideration of the Level of Community Transmission as identified in the CDC COVID Data Tracker.
Other news for ICF/ID Providers:
ICF Task Force Meetings
November 2 had been proposed earlier this year as a tentative date for another ICF Task Force meeting. That meeting is being rescheduled for a later date. Please let the Office of Developmental Programs (ODP) know if you have any specific topic suggestions that you would like to have covered. You may submit suggestions here.
PA Health Alert Network (HANs)
This is a reminder to stay tuned in to the PA Department of Health’s updates impacting Long-Term Care facilities. Recent HANs contain updated information regarding the SARS-CoV-2 Delta Variant and recommendations regarding COVID-19 Vaccine Booster Dose. A list of the 2021 Health Alerts, Advisories and Updates can be found here.
Announcement 21-037 is to inform all provider agencies that the 2019–2020 IM4Q Reports have been published and are available on MyODP. As previously announced, provider-level Independent Monitoring for Quality (IM4Q) reports and provider profiles will not be issued with 2019–2020 data
Due to the onset of the COVID-19 pandemic, the Office of Developmental Programs (ODP) suspended completion of all face-to-face interviews by IM4Q local programs in March 2020. This resulted in a significant number of surveys not being completed. While ample data was collected to create a statewide summary report for 2019–2020, the data was not sufficient to provide reliable provider-level reports.
This has also prevented provider profiles based on 2019–2020 IM4Q data from being completed. A reduced number of IM4Q interviews resumed virtually in 2020–2021. Following the closure of the IM4Q cycle, ODP determined that there was enough data collected to release the 2019-2020 report, including a Statewide Summary for 2020.
HCBS Virtual Policy Forum: “The Direct Support Workforce and COVID-19: What We Know and What We Need to Do”
Join Megan Sanders from the University of Minnesota’s Institute on Community Integration as she summarizes the results of a 12-month follow-up survey on the direct support workforce and their experiences supporting people with intellectual and developmental disabilities during the COVID-19.
This webinar will be held on Wednesday, November 10, 2021 from 11:00 am–11:45 am ET.
Click here to register.
Related resources to the above DSP workforce study report:
EEOC Issues Updated COVID-19 Technical Assistance
Provides Additional Information on Equal Employment Opportunity Laws and Religious Objections to Workplace Vaccine Requirements
Press Release from the U.S. Equal Employment Opportunity Commission (EEOC):
WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) today posted updated and expanded technical assistance related to the COVID-19 pandemic, addressing questions about religious objections to employer COVID-19 vaccine requirements and how they interact with federal equal employment opportunity (EEO) laws.
The expanded technical assistance provides new information about how Title VII of the Civil Rights Act of 1964 applies when an applicant or employee requests an exception from an employer’s COVID-19 vaccination requirement that conflicts with their sincerely held religious beliefs, practices, or observances. Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin.
“This update provides employers, employees, and applicants with important assistance when navigating vaccine-related religious accommodation requests,” said EEOC Chair Charlotte A. Burrows. “Title VII requires employers to accommodate employees’ sincerely held religious beliefs, practices, and observances absent undue hardship. This update will help safeguard that fundamental right as employers seek to protect workers and the public from the unique threat of COVID-19.”
The key updates to the technical assistance are summarized below:
The EEOC is providing this information to the public as many employers are requiring employees to be vaccinated against COVID-19 as a condition of their employment.
This technical assistance answers COVID-19 questions only from the perspective of the EEO laws. Other federal, state, and local laws come into play regarding the COVID-19 pandemic for employers, employees, and applicants. As new developments occur, the EEOC will consider any impact they may have on EEOC’s COVID-19 technical assistance and will provide additional updates and assistance to the public as needed.
More information about the civil rights implications of the COVID-19 pandemic is available in the record of the EEOC’s April 28, 2021 hearing on that topic.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information about the EEOC’s work generally can be found at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to EEOC’s email updates.
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