CT Health Dept. Cracks Down On Nursing Homes Defying Vax Mandate

CONNECTICUT— The Connecticut Department of Public Health issuing a first round of civil penalties to long-term care facilities subject to Executive Order 13F, which mandates COVID-19 vaccination for employees in long-term care facilities.

The crackdown began Tuesday.

Long-term care facilities subject to the order include nursing homes, assisted living services agencies, managed residential communities, residential care homes, chronic disease hospitals, and intermediate care facilities for people with intellectual disabilities (ICF/IIDs).

DPH gave the 643 facilities subject to the order facilities a deadline of Sept. 28 to submit reports attesting to their compliance. About 25 percent of them —226 facilities — missed the deadline. Excluding 45 ICF/IIDs whose reporting remains under review by the state, 59 facilities have submitted their paperwork late ("Late Reporters"), while 122 facilities have failed to report altogether ("Non-Reporters") through October 21, 2021.

DPH issued a total of $221,000 in civil penalties to 26 of the 59 facilities in the Late Reporter category.

Assisted living service agencies, chronic disease hospitals, ICF/IIDs, managed residential communities and nursing homes are being dinged $5,000 a day. The penalty for nursing homes is $500 daily.

The state gave Late Reporters a 7-day grace period, waiving $1.5 million of penalties. As a result of the grace period, 33 facilities incurred no penalties for late reporting. Beginning Nov. 1, facilities classified as Non-Reporters may be assessed on-going penalties, which will not include the grace period. DPH estimates that Non-Reporters are subject collectively to fines totaling $15 million.

DPH is also reviewing the reporting status of all ICF/IID facilities separately, since these facilities are also subject to a different executive order, and some appear to have reported their compliance through the reporting process set up for that order. Any ICF/IIDs found to have failed to report timely for one or the other orders will be subject to daily civil penalties.

"We strongly urge facilities that have not yet reported to DPH their compliance with EO 13F to submit their attestation reports as soon as possible," said DPH Commissioner Manisha Juthani. "The purpose of this vaccine mandate is to protect the health and safety of the patients and residents in long-term care as well as the health and safety of the staff, their families, and their co-workers. Reporting timely and accurately to DPH helps the state ensure that the long-term care industry is meeting this goal and brings confidence to the community that our most vulnerable citizens are safe."

Long-term care facilities that have not reported can do so online here.