What are the Primary Requirements?
Covered employers must comply with the primary requirements of the mandate in two phases.
First Phase Requirements: By the applicable phase one deadline, covered facilities must develop and implement policies and procedures to ensure all staff are vaccinated for COVID-19 and that 100% of staff have received at least one dose of the vaccination (or have a pending request for a qualifying exemption, or have been identified as being entitled to a temporary delay as recommended by the CDC).
Second Phase Requirements: By the applicable phase two deadline, covered facilities must ensure that 100% of staff have received the necessary doses to complete their vaccine series (at least receive dose two in a two-dose series), or have been granted a qualifying exemption, or been identified as being entitled to a temporary delay as recommended by the CDC.
What are my compliance deadlines?
The answer to this question depends upon where your operations are located. For deadline purposes, deadlines vary according to the state in which they are located.
How are locations categorized for purposes of the CMS vaccine mandate?
Locations are categorized according to revised deadlines that CMS has issued for groups of states. These deadlines correspond with the effects of litigation that temporarily delayed implementation and enforcement of the mandate. States are thus categorized as follows:
Category A States: California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington, and Wisconsin.
Category B States: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.
Texas: The deadlines for Texas are distinct because of separate litigation that occurred there.