On Thursday, November 4, 2021 the Biden-Harris Administration released a press release describing emergency regulations requiring COVID-19 Vaccination for Health Care Workers. See Biden-Harris Administration Issues Emergency Regulation Requiring COVID-19 Vaccination for Health Care Workers | CMS
The press release references emergency regulations issued by the Centers for Medicare and Medicaid Services (CMS) that may be found at Federal Register :: Public Inspection: Medicare and Medicaid Programs: Omnibus COVID-19 Health Care Staff Vaccination. Click here for the Q and A provided by CMS.
UWC is reviewing the emergency rules and plans to file comments on the rules. Questions related to Unemployment Insurance and Workers’ Compensation include:
UI
How will determinations of applications to establish benefit rights under state UI law be impacted by this new federal emergency rule with respect to certain federal contractors and grantees?
How will the weekly eligibility for unemployment compensation be impacted for individuals who have existing benefit years as they claim weeks?
Will failure of an employer to implement the new federal requirements be good cause for an employee to quit or to refuse an offer of work under state UI law?
Will refusal of an individual to be vaccinated be sufficient reason to disqualify an individual from unemployment compensation and/or deny weekly payment of unemployment compensation?
Is the new federal requirement released through OSHA and CMS consistent with the requirements of state UI law and Title III of the Social Security Act?
On appeals of determinations under state law who, if anyone, will represent the federal government in defending the requirement?
WC
What is the impact on workers’ compensation insurance policies and plans?
Must new and/or existing workers’ compensation plans regulated under state law be amended?
How does the new requirement impact risk of infectious disease in the course of employment?
What, if any, impact does the new requirement have on workers’ compensation premium rates?
If group accounts include employers subject to the requirements and employers that are not, how will group rates be impacted?
What accommodations may be made for individuals on constitutional grounds to refuse vaccination? What impact does that have on coverage or compensability?
On appeals to determinations under state law who, if anyone, will represent the federal government in defending the requirement?
