The Arkansas Legislative Council approved requests Friday for three state agencies to implement covid-19 vaccination mandates, which will allow for religious and medical exemptions, for employees in facilities that receive Medicare and Medicaid funding.
The heads of the Arkansas Department of Human Services, the Arkansas Department of Veterans Affairs and the University of Arkansas for Medical Sciences said they will enact the policies and start processing exemption requests as soon as possible.
The federal Centers for Medicare and Medicaid Services issued a mandate in November for health workers to be fully vaccinated or receive exemptions, with noncompliant facilities at risk of losing federal funding. The rule directly conflicts with Act 977, a state law passed last year that says covid-19 vaccination “shall not be a condition of education, employment, entry, or services from the state or a state agency or entity” unless the Legislative Council approves an exception.
State legislators repeatedly asked the heads of the three state-run institutions if they will process and approve religious and medical exemption requests, and all three said they would. UAMS Chancellor Cam Patterson said the hospital has 400 pending exemption requests.
Exempted employees at all three agencies will be required to wear masks and be tested for coronavirus weekly.
Arkansas was one of 10 states to challenge the federal mandate, and a federal judge blocked its enforcement at the end of November. However, the U.S. Supreme Court upheld the CMS mandate in a 5-4 decision Jan. 13.
The three state-run agencies submitted requests to the Legislative Council within days of the high court's ruling.
Patterson previously submitted a request for a vaccination requirement in November but withdrew it after the federal judge's ruling. He said UAMS would not be able to care for its patients without the $600 million it receives in Medicare and Medicaid funds.
The Department of Human Services runs seven facilities — five human development centers, the State Hospital and the Arkansas Health Center — that receive a total of more than $120 million in Medicare and Medicaid funding.
The Department of Veterans Affairs runs state veterans homes in North Little Rock and Fayetteville, providing veterans with nursing home services such as hospice care and physical and occupational therapy. These facilities receive about $4 million in Medicare and Medicaid funding, Secretary Nate Todd said.
The federal mandate's initial deadline for full vaccination or exemptions was Jan. 4. The Centers for Medicare and Medicaid Services set new deadlines Friday for a first shot by Feb. 22 and a second shot by March 22.