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CMS COVID-19 Vaccine Mandate Injunction FAQ
CMS COVID-19 Vaccine Mandate Injunction FAQ
Lauren Day avatar
Written by Lauren Day
Updated over a week ago

What does the injunction mean?

The injunction restrains or prevents the Centers for Medicare & Medicaid Services (CMS) from implementing the requirements of the healthcare worker mandate until the related lawsuit is resolved.

Does this mean I do not have to get vaccinated?

No. Many states have specific vaccine requirements for healthcare workers. In addition, ShiftMed partnering facilities also require any ShiftMed employee entering their facility to provide evidence of vaccination.

In light of the injunction, is there still a deadline to get vaccinated?

We strongly recommend that you receive your first vaccine dose, or your single dose, as soon as possible to ensure that you can continue to claim shifts and provide care to the patients and residents of ShiftMed’s partnering facilities.

What vaccinations can I receive to continue to claim shifts?

  • A single-dose vaccine (the Janssen (Johnson & Johnson) COVID-19 Vaccine)

  • A multi-dose vaccine (such as the Pfizer-BioNTech COVID-19 Vaccine (interchangeable with the licensed Comirnaty Vaccine) or the Moderna COVID-19 Vaccine)

Do I need to receive a booster vaccine to claim shifts?

At this time, our partnering facilities have not shared any requirements for boosters; however, we strongly recommend that you follow CDC COVID-19 booster guidance to see if you are eligible.

I already had COVID-19 so I have the antibodies. This means that I don’t need the vaccine, right?

Unfortunately, no. Many states and our partnering facilities do not accept prior infection as a reason for exemption. CDC research demonstrates that the vaccine provides better protection against the virus than natural immunity and that the vaccine, even after prior infection, will help prevent reinfection.

I am unvaccinated – can I just submit to daily or weekly testing?

Our partnering facilities are requiring all staff to receive the COVID-19 vaccine to claim shifts. If testing is an alternative for the facility you want to work with, you will be advised before your shift date of those requirements within the ShiftMed App.

What if I want to receive an exemption from this vaccine requirement?

ShiftMed is still considering exemption requests for individuals with a valid, documented clinical condition, signed by a licensed provider, which prevents COVID-19 vaccination. An exemption is also considered for those with sincerely held religious beliefs. Any exemption will be subject to additional regulatory requirements and partnering facility approval.

State Vaccine Mandates

State

State Vaccine Mandate for Health Care Workers?

Effective Date

Testing is Permitted as an Alternative

Exemption Permissions?

Facility-Specific Mandates Permitted?

Alabama

No

N/A

N/A

N/A

Yes

Florida

No

N/A

N/A

N/A

Yes

Georgia

No

N/A

N/A

N/A

Yes

Illinois

Yes - the first dose must be complete by 9/19; the second dose within 30 days

8/26/21

Effective 9/19/2021, unvaccinated workers must submit to weekly testing (at a minimum) subject to certain standards

Yes: religious or medical

Yes

Indiana

No

N/A

N/A

N/A

Yes

Kentucky

The state strongly encourages full vaccination by 10/1

8/2/21

Unvaccinated workers require testing at least 2 times a week

Yes: religious or medical

Yes

Louisana

No (potential for locality-specific mandates)

N/A

N/A

N/A

Yes

Maryland

Yes - the first dose must be complete by 9/1; the second dose as clinically indicated

8/1/21

Yes - weekly testing and PPE is required for unvaccinated workers

Yes: religious or medical

Yes

Michigan

No

N/A

N/A

N/A

Yes

Missouri

No (potential for locality-specific mandates)

N/A

N/A

N/A

No

Nevada

Yes

9/1/21

Yes, weekly - (for those with a religious or medical exemption only)

Yes

Yes

New York

Yes

11/22/21

Yes, weekly - (for those with a medical exemption only)

Yes: only medical exemption

Yes

North Carolina

Yes

7/1/21

No

Yes: religious or medical

Ohio

No

N/A

N/A

N/A

Yes

Pennsylvania

Yes

8/1/21

Yes, weekly - (for those with a religious or medical exemption only)

Yes: religious or medical

Yes

South Carolina

No

N/A

N/A

N/A

Yes

Tennessee

No

N/A

N/A

N/A

Yes

Texas

No

10/11/21

N/A

Yes: medical, religious, and prior recovery from Covid

Yes

Virginia

Yes

8/1/21

Yes, weekly - (for those with a religious or medical exemption only)

Yes: religious or medical

Yes

Wisconsin

No

N/A

N/A

N/A

Yes - a recommendation to require vaccine

If you have any questions, reach out to us in chat by going into the ShiftMed App > Menu > Help Center > Help Articles & Chat > Messages > Send Us A Message!

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