3 Arkansas agencies report strong compliance with Biden administration vaccine mandate

Compliance with deadline removes state’s risk of losing federal funds

The University of Arkansas for Medical Sciences' Little Rock campus is shown in this file photo.
The University of Arkansas for Medical Sciences' Little Rock campus is shown in this file photo.


Three state agencies -- which were granted exemptions from a new state law to implement federal covid-19 vaccination requirements -- reported Thursday that vast majorities of their health workers had been vaccinated in compliance with a federal mandate.

The Arkansas Department of Human Services, the Arkansas Department of Veterans Affairs and the University of Arkansas for Medical Sciences all said they met the Tuesday deadline for their employees to be fully vaccinated or receive medical or religious exemptions.

The federal mandate was issued in the fall by the federal Centers for Medicare and Medicaid Services; facilities that failed to implement the Biden administration's mandates were at risk of losing Medicare and Medicaid funding.

"I am extremely grateful to Team UAMS for once again putting the people of Arkansas and our patients first by pulling together to help us comply with the CMS vaccine mandate," UAMS Chancellor Cam Patterson said. "Without their selfless dedication, we could have faced severe financial penalties that would have jeopardized patient care, research and educational programs. Thanks to their efforts, we can continue to serve this great state."

As of Thursday, 99.99% of UAMS employees were compliant with the mandate, with 90% vaccinated and 844 exemptions granted, spokeswoman Leslie Taylor said. The exemptions included 130 medical and 714 religious exemptions.

"Five employees out of 11,000 either did not receive their vaccinations or request an exemption," Taylor said. "All exemption requests have been approved."

Department of Veterans Affairs spokeswoman Sue Harper said 87.5% of the agency's employees are vaccinated with 19 exemption requests received. There were 18 religious and one medical exemption with three requests returned to the employee because of incomplete data.

"One employee currently remains unvaccinated; status of the exemption request submission is unknown at this time," Harper said. "All others are currently in the process which meets the 15 March requirement."

Gavin Lesnick, spokesman for the Arkansas Department of Human Services -- which runs seven health care facilities, including five human development centers, the State Hospital and the Arkansas Health Center -- said 88.5% of the facilities' employees are vaccinated, with 304 exemption requests received.

"DHS has strongly encouraged its employees to get vaccinated because these vaccines are safe and they offer important protection against serious complications from covid-19," Lesnick said. "Though we opposed this mandate, we had to comply to ensure that federal funding for these facilities remains in place. We have been pleased to see the number of vaccinated and exempted staff reach these high levels at each facility."

Lesnick said the only employees out of compliance are nine employees who recently started at Southeast Arkansas Human Development Center.

"We expect that they will submit exemption forms," he said.

Those UAMS employees who did not get vaccinated or get an approved exemption will be placed on leaves of absence without pay, Taylor said.

"Employees who have a medical reason for not taking the vaccine can fill out a medical exemption form that is signed by their physician. Other employees who have a sincerely held belief against receiving the vaccine can fill out a religious exemption form requesting an exemption," Taylor said. "No exemption requests have been denied."

Noncompliant state VA employees were issued a written warning that directs the staff to provide proof of full vaccination, Harper said. The ultimate consequence will be determined according to the agency's personnel policies, she added.

Those employees who were granted exemptions must be tested weekly for the virus and continue use of full personal protective equipment, Harper said.

"Full PPE is gloves, N95 mask face shield or goggles at all times in direct care or not," Harper said.

At UAMS, exempted employees are required to wear masks when on campus and to practice social distancing, Taylor said.

"Employees with exemptions are not required to undergo regular testing. They are required to complete the regular online screening that all employees are required to complete every day before beginning their shifts," Taylor said. "All employees are also required to scan their badges when entering our buildings to confirm that they completed the online screening and are cleared to work."

At the seven DHS facilities covered by the mandate, employees who were granted an exemption must be fitted with special N95 masks and undergo weekly testing at the facilities, Lesnick said.

All three of the agencies were granted exemptions from the Arkansas Legislature in January to be allowed to comply with the mandate in order to keep millions of dollars in federal funding.

The federal mandate directly conflicts with Act 977 of 2021, 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 Arkansas Legislative Council approves an exception.

The state VA-- which 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 -- receives about $4 million in Medicare and Medicaid funding.

"Compliance with vaccinations in the State Veteran Homes allows us to maintain our compliance for VA and Medicaid residents," Harper said.

The Department of Human Services receives more than $120 million in federal funding between the seven facilities it operates.

UAMS receives more than $600 million in Medicare and Medicaid funds and more than $100 million in funding from the National Institutes of Health.

Private hospitals around the state were exempt from Act 977 and were required to comply with the federal mandate.

Baptist Health is in compliance with the mandate, spokeswoman Cara Wade said. Of the system's 11,000 employees, about 99% are either vaccinated or have received an exemption, she said. The hospital system has five temporary medical exemptions, due to infusions preventing vaccinations for 90 days, and 628 religious exemptions.

"Overall our employees have responded in a very positive way to the vaccine mandate," Wade said. "We have a very professional workforce who understand the importance of vaccines and the role they play in protecting our community."

Less than 1% -- or 127 -- of Baptist Health employees are not vaccinated nor do they have an exemption. Those employees are on individual contingency plans for two weeks with added covid-19 precautions where appropriate, Wade said.

"We are currently taking measures to recruit staff for those particular positions," Wade said. "Ultimately, we hope that even these individuals will choose to be vaccinated and stay with Baptist Health."

Those who were granted exemptions are subjected to a combination of weekly testing, masking, social distancing or remote work as determined by the infection prevention physician, Wade added.

"Each employee is reviewed individually for the appropriate requirement," she said.

Bonnie Ward, CHI St. Vincent director of marketing and communications, said even before the federal mandate, covid-19 vaccinations or an approved exemption for all employees was required.

"As of November, more than 91% of our ministry's approximately 4,300 employees had been vaccinated and approximately 9% of employees had received an approved medical or religious exemption," Ward said. "Unvaccinated employees remain subject to routine covid-19 testing. Mandatory masking continues for all employees and visitors, regardless of vaccination status."

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