Governor Phil Murphy signed Executive Order No. 290, which updates and clarifies timeframes for requiring covered workers at healthcare facilities and high-risk congregate settings to be up to date with their COVID-19 vaccinations, including having received a booster shot. EO No. 290 aligns state timelines with updated Centers for Disease Control and Prevention (CDC) recommendations on optimal intervals between first and second doses of an mRNA COVID-19 vaccination series, in addition to other updates.
EO No. 290 clarifies that healthcare facilities subject to the federal Centers for Medicaid & Medicare Services (CMS) rule must have a policy in place that requires their covered workers to complete their primary series of the COVID-19 vaccination within the timeframes set forth in the guidance for the federal CMS Rule. Additionally, EO No. 290 modifies the timeframe within which healthcare facilities’ covered workers must obtain their booster dose to be April 11, 2022 or within three weeks of becoming eligible, whichever is later. EO No. 290 also modifies the deadline by which high risk congregate care settings must require their covered workers to submit proof that they are up to date with their vaccination by May 11, 2022, including any booster for which they are eligible. Workers who become newly eligible for a booster shot after the May 11, 2022 deadline, will be required to submit proof of their booster shot within three weeks of becoming eligible. The executive order also requires a covered setting to take the first step toward bringing a noncompliant covered worker into compliance as part of the disciplinary policy required by Executive Order No. 283 (2022) within two weeks of the respective April 11, 2022 and May 11, 2022 deadlines. Under the EO, failure to take such action may result in penalties and other corrective actions allowed pursuant to federal or state regulation or statute. For a copy of EO No. 290, please click here.
