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TO: FHA Member CEOs, CMOs, and Government Relation Executives FROM: Mary C. Mayhew, President and CEO, Florida Hospital Association SUBJECT: IMPORTANT: COVID-19 Vaccine Mandates DATE: November 8, 2021 Legislative Agenda Released for Special Session on Vaccine Mandates Today, legislative leaders announced their "Keep Florida Free" joint legislative agenda for next week's special session. The agenda includes seven bills filed in both chambers that address COVID vaccine mandates, protection of health care and religious information, withdrawal from OSHA, and the removal of authority of the state health officer to order vaccinations. SB 2B & HB 1B provide five exemptions that employers must have in order to institute a vaccine mandate and provides for penalties against employers who improperly terminate an employee. The exemptions are as follows: Medical reasons, as determined by a physician, advanced practice registered nurse or physician assistant. Medical reasons include pregnancy or expectation of pregnancy. Religious reasons, based on a sincerely held belief. Immunity based on prior COVID-19 infection, as documented by a lab test. Periodic testing, agreeing to comply with regular testing at no cost to the employee. Personal protective equipment (PPE), agreeing to comply with the use of employer-provided PPE View the bill language here: HB 1B COVID-19 Mandates SB 2B COVID-19 Mandates HB 3B Pub. Rec./COVID-19 Vaccination Policies and Practices SB 4B Public Records/Employer COVID-19 Vaccination Policies HB 5B Florida Occupational Safety and Health State Plan HB 7B Vaccinations During Public Health Emergencies SB 8B Vaccinations During Public Health Emergencies FHA continues to advocate for a sensible approach towards any conflicting state and federal mandates and will educate elected leaders on the obligation's hospitals have to participate in CMS. We are also closely monitoring the state's anticipated legal challenge of CMS's vaccine rules. US Court of Appeals for the Fifth Circuit suspends Biden Administration’s Vaccine Requirement On Friday, a panel of three US Court of Appeals for the Fifth Circuit (New Orleans) judges suspended the Biden administration’s new vaccine requirement for private companies. In a brief opinion, the court wrote that there is “cause to believe there are grave statutory and constitutional issues with the mandate.” This is one of many lawsuits against the OSHA ETS, including one filed by Florida. The petition for the stay, which allows the court to maintain the status quo while it hears legal arguments, relies on the argument that, among other things, employees will be required “to receive the COVID19 vaccine against their will, and that action cannot be undone.” Hospitals can expect similar arguments in expected challenges to the CMS vaccine mandate. Hospitals should prepare for how they will handle a similar result should an organization successfully challenge the CMS mandate in court. CMS COVID-19 Vaccine Mandate Interim Final Rule Thank you for joining the FHA call last Friday to discuss the CMS COVID-19 Vaccine Mandate Interim Final Rule. Attached you will find today’s slides. In addition, you may find the following links useful as you develop your vaccine policies: FHA CMS Rule One Pager FHA CMS Rule Slide Deck The text of the Interim Final Rule Template Request for Religious Exemption developed by the “Safer Federal Workforce” task force. Summary Document for Interim Clinical Considerations for Use of COVID-19 Vaccines Currently Authorized in the United States (Find information regarding contraindications, WHO emergency use vaccines, and clinical trial vaccines here) CDC Staff Tracking Tool CMS Authored FAQs CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule As we conduct further analysis, we will provide you with updated information. If you have any questions, do not hesitate to contact: David Mica, Jr. Executive Vice President of Public Affairs Florida Hospital Association DavidM@fha.org Michael Williams, JD Senior Vice President Federal Affairs and General Counsel Florida Hospital Association MichaelW@fha.org Mary C. Mayhew President and CEO Florida Hospital Association 207-620-0072 MaryM@fha.org [[UNSUBSCRIBELINK]] from all FHA e-communications. 306 East College Avenue | Tallahassee, FL 32301 | Website