Immunization Requirements for Health Care Workers Rule Released

On Wednesday, the Maine Department of Health and Human Services released the final rule for 10-144 CMR, Chapter 264: Immunization Requirements For Health Care Workers. (You must search for the rule under the Tab called “Recently Adopted”).  

MHCA is reviewing the updated rule and will provide a more detailed summary of the changes, but we do want to point out a few highlights. As a result of response to comments received during the public comment period, including testimony MHCA submitted, the Department has added language in the new rule to specify a narrower scope of independent contractors in the “Employee” definition subject to vaccination requirements under the rule to apply only to those who have in-person direct contact with staff, visitors, or patients at the Designated Healthcare facility. Examples of individuals that would not be required to demonstrate proof of immunization would include (but not be limited to): landscapers, snow plow operators, and delivery persons.

In addition, those employees who exclusively work remotely defined to be provide services while outside the physical premises of the designated health care facility and have no direct contact (clinical, hands-on, or face-to-face interaction) with patients, visitors, and other employees are exempted from the rule.

Finally, MHCA would also note that by mid-December, DHHS will require an annual report from all facilities to assess compliance with the rule. Additional details will be provided.

Staff contact: