Rhode Island hospitals receive violation notices for vaccination requirement noncompliance

Two Rhode Island hospitals have received notices saying they have not complied with the state's COVID-19 vaccination mandate for healthcare workers, according to The Boston Globe.

State Health Department Spokesperson Joseph Wendelken confirmed to Becker's Hospital Review that violation notices due to unvaccinated staff were issued Nov. 3 to state-run Eleanor Slater Hospital, which has campuses in Burrillville and Cranston, and Prime Healthcare's Landmark Medical Center in Woonsocket.

The notices were issued after state inspections.

On Nov. 1, the state found that 10 healthcare workers at Eleanor Slater, including its additional premises, were unvaccinated, were not medically exempt, but had still been permitted to enter hospital buildings that day to work, according to the notices. The state said Eleanor Slater also was not able to show that the 10 workers were vaccinated or medically exempt.

The Rhode Island Department of Behavioral Healthcare, Developmental Disabilities and Hospitals, which runs Eleanor Slater, told the state health department on Oct. 29 that 34 direct care workers at Eleanor Slater, including two with medical exemptions, were unvaccinated, BHDDH spokesperson Randal Edgar told Becker's Hospital Review. He said number included 19 workers who are on long-term sick leave, worker's comp or family leave.

"These 19 staff, even though they are not physically in the hospital, were included in the count because we have not yet ascertained whether they are vaccinated or not," explained Mr. Edgar. "Two additional direct care workers had been vaccinated as of Friday, Nov. 5, leaving 32 unvaccinated direct care workers."

As of Nov. 5, Mr. Edgar said the actual number of unvaccinated essential staff working in Eleanor Slater unvaccinated was 13, including three workers who were partially vaccinated. 

Mr. Edgar said Eleanor Slater had received no replacement employees as of Nov. 5.

"Amid a national staffing shortage, we are continuing to work closely with our partners at the contracted staffing firm to onboard replacement workers as quickly as possible. The hospital needs the three partially vaccinated employees to become fully vaccinated and needs another 10 positions to be filled with vaccinated workers to be compliant with the [state] mandate," he said.

Mr. Edgar told the Globe Eleanor Slater was working with a staffing firm to bring in replacement workers.

According to the notice sent to Landmark Medical Center, Landmark notified the state Oct. 29 that it would not achieve compliance with state vaccination regulations by the Oct. 31 deadline. The notice says the state inspected Landmark Nov. 1 and determined 21 workers at Landmark were unvaccinated and were not medically exempt. The state also determined 17 of those 21 workers were scheduled to work on Nov. 1.

Carolyn Kyle, a spokesperson for Landmark, did not respond to requests from the Globe and Becker's Hospital Review for comment.

Rhode Island's mandate covers state hospitals, the Rhode Island State Public Health Laboratories and the Veterans Home in Bristol, as well as licensed healthcare providers at all other licensed facilities in Rhode Island.

The original mandate required workers who do not have an approved medical exemption to receive their final dose by Oct. 1 or face administrative action on their license. But the state health department said Sept. 21 that it would allow healthcare workers who are not vaccinated by the Oct. 1 deadline to work an additional 30 days beyond that date if their absence would negatively affect patient care. The state did not allow religious exemptions.

Mr. Wendelken, with the state, told the Globe the health department was doing regulatory follow-ups with other facilities in the state related to compliance with the state requirement.

He said Landmark and Eleanor Slater have 10 days to request a hearing.

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