New Jersey's Governor Murphy Reinstates Public Health Emergency and Mandates Vaccines and Boosters for all Health Care Workers

On January 11, 2022, New Jersey Governor Phil Murphy issued Executive Order No. 280 reinstating the State’s State of Emergency due to COVID-19. Exercising emergency powers, on January 19, 2022, Governor Murphy issued another Executive Order, No. 283, mandating that virtually all workers in the health care industry be vaccinated and receive booster shots for COVID-19. Previously, New Jersey healthcare workers had the option to be vaccinated for COVID-19 or submit to weekly testing.

Executive Order 283 expands upon the Centers for Medicare & Medicaid Services (CMS) rule requiring workers in most facilities that receive Medicare of Medicaid reimbursement to be vaccinated. Following a challenge to the United States Supreme Court, the CMS vaccinate mandate becomes effective on January 27, 2022. New Jersey Executive Order 283 expands upon the CMS rule in that it applies to virtual all health care workers, who must be vaccinated and receive booster shots.

The Executive Order applies to all workers in the following settings, regardless of whether the facility receives reimbursement from CMS:

  • Acute, pediatric, inpatient rehabilitation, and psychiatric hospitals, including specialty hospitals, and ambulatory surgical centers;

  • Long-term care facilities, including the state veterans homes;

  • Intermediate care facilities, including the state developmental centers;

  • Residential detox, short term and long term residential substance abuse disorder treatment facilities;

  • Clinic-based settings like ambulatory care, urgent care clinics, dialysis centers, Federally Qualified Health Centers, family planning sites, and opioid treatment programs;

  • Community-based healthcare settings including Program of All-inclusive Care for the Elderly, and pediatric and adult medical day care programs;

  • Licensed home health agencies and registered health care service firms operating within the State;

  • State and county correctional facilities;

  • Secure care facilities and residential community homes operated by the Juvenile Justice Commission;

  • Licensed community residences for individuals with intellectual and developmental disabilities (IDD) and traumatic brain injury (TBI);

  • Licensed community residences for adults with mental illness;

  • Certified day programs for individuals with IDD and TBI; and

  • Group homes and psychiatric community homes licensed by DCF.

Under the Executive Order, workers in covered facilities not subject to the CMS rule must obtain their first vaccine dose of the primary series of a COVID-19 vaccination by February 16, 2022. Workers in facilities subject to the CMS rule must provide proof that they are up to date with their COVID-19 vaccines, including having received any booster shots for which they are eligible (within three weeks of such eligibility). By March 30, 2022, workers in facilities not subject to the CMS rule must proof that they are up to date with their COVID-19 vaccines, including having received any booster shots for which they are eligible.

Health care employers subject to the Executive Order are required to adopt policies, including a disciplinary process for employee non-compliance, implementing the requirements of the Executive Order. Those policies must provide appropriate accommodations, to the extent required by state and federal law, to exempt workers from the vaccine requirement for disability, medical reasons, and sincerely held religious beliefs.

Health care employers in New Jersey should immediately start implementing policies to comply with the Executive Order. Given the fact specific nature of these issues, employers are strongly encouraged to consult with counsel to ensure compliance with New Jersey’s COVID-19 requirements.

If you have questions about your business’s COVID-19 obligations, or other employment practices, please contact us at (201) 345-5412 or through our online scheduling system to set up a complimentary consultation.

Information contained in this blog is provided for informational purposes and does not constitute legal advice or opinion. You should consult with an attorney regarding the specifics of your matter or legal issue.

Employment LawMichael MoreaNew Jersey, vaccine, mandates, COVID-19, coronavirus, health care worker, employment policies, workplace policies