![]() JMIR Biomedical Engineering 72 articles.Journal of Participatory Medicine 82 articles.JMIR Perioperative Medicine 95 articles. ![]() JMIR Rehabilitation and Assistive Technologies 220 articles.JMIR Pediatrics and Parenting 301 articles.Interactive Journal of Medical Research 338 articles.JMIR Public Health and Surveillance 1236 articles.Journal of Medical Internet Research 7931 articles.Failure to comply with Title 14 may result in litigation as the code creates a private right of action, allowing employees and members of the public to sue for injunctive relief, compensatory damages, and reasonable attorneys’ fees if they believe they have been injured.Many private employers in Tennessee can still have a mandatory vaccine policy, but they cannot compel an employee to provide proof of a COVID-19 vaccination, making this type of mandate largely ineffective.Tennessee Medicare and Medicaid providers and other governmental entities may need to rethink mandatory vaccine policies, as they might violate state law.Thus, Medicare and Medicaid providers in Tennessee no longer fit in these carve outs and need to reconsider any vaccine mandate (that would likely be against Tennessee law). Given CMS’s announcement that it is no longer enforcing COVID-19 vaccination requirements, there is no “valid and enforceable” Medicare or Medicaid requirement concerning vaccination that is contrary to Tennessee law. Therefore, those providers did not have to comply with Title 14’s provisions that contradicted federal requirements, and - until now - Medicare or Medicaid providers could enforce vaccine mandates, as long as they granted certain legally required exemptions. Until a few days ago, many Medicare or Medicaid providers were excluded from Title 14’s definitions of “governmental entity” and “private business,” as there are carve outs in each for entities subject to valid and enforceable Medicare or Medicaid requirements contrary to the title. Governmental entities, schools, and local education agencies in Tennessee may not implement a mandatory vaccination policy.Most Tennessee employers may not compel or take adverse action against employees to compel them to provide proof of receiving a COVID-19 vaccination.With Tennessee Code Title 14 here to stay, employers should keep the following in mind: Although these laws were originally set to expire on July 1, 2023, the laws have been indefinitely extended. In the Tennessee Code, Title 14 governs public and private employers’ ability to implement and enforce a vaccine mandate. Don’t Forget About State Laws and VaccinesĮmployers subject to this former federal mandate should also pay close attention to state law. Effective immediately, however, CMS is no longer enforcing COVID-19 vaccine requirements. Published in the Federal Register on June 5, 2023, CMS’s final rule lifted the COVID-19 vaccination mandate for healthcare workers and will go into effect 60 days later on August 4, 2023. Department of Health and Human Services Centers for Medicare & Medicaid Services (CMS) is sunsetting the requirement that covered providers have staff COVID-19 vaccination policies. The federal government says healthcare employers can soon stop requiring employees to get the COVID-19 vaccine.
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