Requirement That Personnel Be Vaccinated against Coronavirus Disease 2019 (COVID-19)

Caused by the Virus SARS-CoV-2 (A) Definitions. (1) For purposes of 105 CMR 130.326, personnel means an individual or individuals who either work at or come to the licensed hospital and who are employed by or affiliated with the hospital, whether directly, by contract with another entity, or as an independent contractor, paid or unpaid including, but not limited to, employees, members of the medical staff, contract employees or staff, students, and volunteers, whether or not such individual(s) provide direct care. (2) For purposes of 105 CMR 130.326, COVID-19 vaccination means being up-to-date with COVID-19 vaccines recommended by the Centers for Disease Control and Prevention (CDC). (3) For purposes of 105 CMR 130.326, mitigation measures mean measures that personnel who are exempt from vaccination take to prevent viral infection and transmission. (B) Each hospital shall ensure all personnel have received COVID-19 vaccination in the timeframe specified in Department guidelines, unless an individual is exempt from vaccination in accordance with 105 CMR 130.326(E). (C) Each hospital shall provide all personnel with information about the risks and benefits of COVID-19 vaccination. (D) Each hospital shall notify all personnel of the COVID-19 vaccination requirements of 105 CMR 130.326 and shall, at no cost to any personnel, provide or arrange for vaccination of all personnel who cannot provide proof of current vaccination against COVID-19 unless an individual is exempt from vaccination in accordance with 105 CMR 130.326(E). (E) Exemptions. (1) Subject to the provisions set forth in 105 CMR 130.326(E)(2), a hospital shall not require an individual to receive a COVID-19 vaccine pursuant to 105 CMR 130.326(B) if the individual declines the vaccine. (2) For any individual subject to the exemption, a hospital may require such individual take mitigation measures, consistent with guidance from the Department. (3) An individual who is exempt from vaccination shall sign a statement certifying that they are exempt from vaccination and they received information about the risks and benefits of COVID-19 vaccine. (F) Unavailability of Vaccine. A hospital shall not be required to provide or arrange for COVID-19 vaccination during such times the vaccine is unavailable for purchase, shipment, distribution, or administration by a third-party or when complying with an order of the Commissioner restricting the use of the vaccine. A hospital shall obtain and administer COVID-19 vaccine in accordance with 105 CMR 130.326, as soon as vaccine becomes available. (G) Documentation. (1) A hospital shall require and maintain for each individual proof of current vaccination against COVID-19 virus pursuant to 105 CMR 130.326(B), or the individual's exemption statement pursuant to 105 CMR 130.326(E). (2) Each hospital shall maintain a central system to track the vaccination status of all personnel. (3) If a hospital is unable to provide or arrange for COVID-19 vaccination for any individual, it shall document the reasons such vaccination could not be provided or arranged for. (H) Reporting and Data Collection. Each hospital shall report information to the Department documenting the hospital's compliance with the personnel vaccination requirements of 105 CMR 130.326, in accordance with reporting and data collection guidelines of the Commissioner. (I) 105 CMR 130.326 establishes requirements for COVID-19 vaccination of hospital personnel. Nothing in 105 CMR 130.000 shall be read to prohibit hospitals from establishing policies and procedures for COVID-19 vaccination of personnel that exceed the requirements set forth in 105 CMR 130.326