Federal and State Survey of COVID-19 Vaccine Updates

Federal and State Survey of COVID-19 Vaccine Updates

Federal and State Survey of COVID-19 Vaccine Updates


This survey provides COVID-19 vaccine status, guidance, laws and regulations, and other legal developments. Please note that COVID-19 vaccine guidance is constantly evolving and rapidly changing. For the most up-to-date information, please visit the jurisdictions’ dedicated COVID-19 webpage. Links to these webpages and additional resources are provided in the survey.
 
To learn more about our COVID-19 Vaccine Rollout Task Force, click here.
 

FEDERAL

Current Status:

  • On February 18, 2021, the Biden Administration announced that the United States would make a $2 billion contribution to Gavi, the Vaccine Alliance for the COVAX Advance Market Commitment, which supports access to safe and effective vaccines for 92 low-and-middle income economies. The United States will also take a leadership role in galvanizing further global contributions to COVAX by releasing an additional $2 billion through 2021 and 2022. The fact sheet may be found here.
  • On February 17, 2021, the Biden Administration announced that it was increasing the weekly allocations of vaccine doses to states, tribes, and territories from 11 million doses to 13.5 million doses. The Biden Administration is additionally doubling the weekly vaccine supply to local pharmacies from 1 million to 2 million doses. The press briefing may be found here.
  • On February 11, 2021, President Biden delivered remarks while visiting the National Institute of Health. During these remarks, President Biden discussed the finalization of contracts for 100 million more Moderna and 100 million more Pfizer COVID-19 vaccines. President Biden represented that 100 million doses that were promised to be available by the end of June will be available one month earlier, and the United States is on track to have enough vaccines for 300 million Americans by the end of July. The remarks may be found here.
  • On February 10, 2021 the Biden Administration announced members of the COVID-19 Health Equity Task Force. This task force will provide recommendations for addressing health inequities caused by the COVID-19 pandemic, and for preventing such inequities in the future. While the task force is charged with issuing a range of recommendations, it will provide recommendations on equitable allocation of COVID-19 resources. The announcement may be found here.
  • On February 9, 2021 the Biden Administration announced that Federally Qualified Community Health Centers (FQHCs), will begin directly receiving vaccine supply the week of February 15, 2021. This effort is to ensure that certain populations, including those living at or below the federal poverty line, or racial and/or ethnic minorities, are receiving the vaccine. The Fact Sheet may be found here.
  • On February 4, 2021 the FDA announced that it has scheduled a meeting of its Vaccines and Related Biological Products Advisory Committee (VRBPAC) on February 26, 2021 to discuss the request for emergency use authorization (EUA) for a COVID-19 vaccine from Janssen Biotech Inc. The FDA intends to make materials, including a meeting agenda and committee roster, available to the public no later than two business days prior to the meeting. In addition, the FDA intends to livestream the VRBPAC meeting on the agency’s YouTube, Facebook, and Twitter channels, as well as from the FDA website. The FDA intends to issue a Federal Register notice as soon as possible with details of the meeting, which will include information about a public docket for comments. Comments submitted will be reviewed by the FDA. The FDA news release may be found here.
  • On February 3, 2021, the Biden Administration held a press briefing regarding the COVID-19 response. COVID Czar Jeff Zients represented that, on average, over 1.3 million shots were being administered per day between January 27th and February 2nd, placing the Administration on track to meet the goal of 100 million shots in 100 days. As of the briefing, FEMA had provided more than $1.7 billion to 27 states, localities, tribes and territories, in addition to assigning over 600 personnel to provide support to vaccination sites around the country. National Guard members are additionally providing support to vaccination sites in 39 states, and the Biden Administration is building new community vaccination centers across the country. The Department of Defense will dedicate substantial personnel and resources to manage many of these new sites. The Press Briefing may be found here.
  • On February 2, 2021, the Biden Administration announced an increase in vaccine supply, the launch of the Federal Retail Pharmacy Program, and the expansion of FEMA Reimbursement to the states. The Biden Administration will increase vaccine supplies to 10.5 million doses, and individuals will have the opportunity to be vaccinated at select pharmacies throughout the country. The Federal Retail Pharmacy Program is a public-private partnership with 21 national pharmacy partners and networks of independent pharmacies representing over 40,000 pharmacy locations. FEMA has been directed to fully reimburse states for FEMA eligible services- including PPE, emergency feeding actions, sheltering at risk populations and mobilization of the National Guard, back dated to the beginning of the pandemic in January, 2020. The fact sheet regarding these measures may be found, here
  • On January 29, 2021, the Food and Drug Administration (FDA) added a new frequently asked question (FAQ), “[C]an the FDA help me get a COVID-19 vaccine,” to the COVID-19 FAQs. The FDA responded that it may not, and that individuals should go to the CDC website to determine the state and local health departments that are responsible for COVID-19 vaccine distribution. The FAQs may be found, here.
  • On January 28, 2021, the US Government Accountability Office (GAO), issued a report, “Critical Vaccine Distribution, Supply Chain, Program Integrity, and Other Challenges Require Focused Federal Attention.” The report may be found here. The CARES Act includes a provision which requires the GAO to report on its ongoing monitoring and oversight efforts related to the COVID-19 pandemic. Through the report, the GAO makes 13 new recommendations for agencies, including for HHS to establish a time frame for documenting and sharing a national plan for distributing and administering COVID-19 vaccines.
  • On January 26, 2021, President Biden announced new steps to boost vaccine supply, and increase transparency for states, tribes and territories. The Biden administration plans to: (1) increase weekly vaccine supply to states, tribes and territories from 8.6 million doses to 10 million doses, per week; (2) provide states, tribes, and territories with allocation estimates for the upcoming three weeks; and (3) purchase 200 million additional doses of the vaccine to double the US vaccine supply. The fact sheet regarding these measures may be found here.
  • On January 21, 2021, the Biden Administration issued the Executive Order on Sustainable Public Health Supply Chain. The Executive Order on Sustainable Public Health Supply Chain may be found, here. The Executive order directs certain actions to secure supplies necessary to respond to the COVID-19 pandemic. The actions to be taken by the Secretary of HHS, the Secretary of Homeland Security, the Secretary of Defense, and the heads of certain agencies, include:
    • To perform a review of the inventory of COVID-19 pandemic response supplies and identify emergency needs;
    • To take all appropriate actions using all available legal authorities, including the Defense Production Act, to fill any shortfalls;
    • To create a report regarding the status of inventory of the Strategic National Stockpile (“SNS”) and facilitate access to the SNS for federally recognized Tribal governments, Indian Health Service healthcare providers, Tribal health authorities, and Urban Indian Organizations,
    • To provide a report (“2d Report”) including an analysis of the need for, and inventory of current pandemic response supplies, the agencies’ capacities to provide and distribute supplies, an assessment of the availability of such supplies on the market, an account of ongoing agency actions regarding pandemic response supplies; a list of any gaps between the needs identified and supply chain delivery; and a compilation and summary of the agency’s existing distribution and prioritization plans for pandemic response supplies;
    • For the COVID-19 Response Coordinator to review the 2d Report and submit recommendations to the President that address: (1) whether additional use of the DPA would be helpful; (2) the extent to which liability risk, regulatory requirements or other factors impede development, production or procurement of pandemic response supplies and, (3) any actions that can be taken, consistent with the law, to remove those impediments;
    • To take steps to address the pricing of pandemic response supplies, including whether any changes should be made to authorities delegated to the Secretary by Executive Order 13910 of March 23, 2020 (Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19);
    • To provide the President, within 180 days of the date of the Executive Order, with a strategy to design, build and sustain a long-term capability in the United States to manufacture supplies for future pandemics and biological threats.

  • On January 21, 2021, the Biden Administration released a National Strategy for the COVID-19 Response and Pandemic Preparedness. The National strategy is organized around seven goals, including to: (1) restore trust with the American people; (2) mount a safe, effective and comprehensive vaccination campaign; (3) mitigate spread through expanding masking, testing, data, treatments, healthcare workforce, and clear public health standards; (4) immediately expand emergency relief and exercise the Defense Production Act; (5) safely reopen schools, businesses, and travel while  protecting workers; (6) protect those most at risk and advance equity, including across racial, ethnic and rural/urban lines; and (7) restore U.S. leadership globally and build better preparedness for future threats. The National Strategy For the COVID-19 Response and Pandemic Preparedness may be found here.

  • On January 20, 2021, the Biden Administration issued the Executive Order on Organizing and Mobilizing the United States Government to Provide a Unified and Effective response to Combat COVID-19 and to Provide United States Leadership on Global Health Security. The Executive Order establishes the position of Coordinator of the COVID-19 Response, to assist the President and coordinate activities of the Federal Government to combat COVID-19 and prepare for future biological and pandemic threats. The Executive Order may be found here.

  • On January 20, 2021, the Office for Civil Rights (“OCR”) announced an enforcement discretion, indicating that it will not impose penalties for noncompliance with regulatory requirements under HIPAA Rules in connection with the good faith use of online or web-based scheduling applications for the scheduling of individual appointments for COVID-19 vaccinations during the COVID-19 nationwide public health emergency (“PHE”). The Notification of Enforcement Discretion is effective immediately and has a retroactive effect to December 11, 2020.  The Notification may be found here

  • On January 11, 2021, HHS Secretary Azar announced that it was no longer withholding second doses of the COVID-19 vaccine. The Trump administration asked states to administer vaccinations to those who are 65 and older, as well as to those with underlying health conditions.  Subsequent distributions of doses by the federal government will be made based on the pace of administration.  States were additionally encouraged to expand venues where individuals could receive the vaccine, including more community health centers and pharmacies.  The Secretary’s remarks are available here.

CDC Recommendations and Orders:

  • On January 22, 2021, the CDC modified the recommendations of the intervals of dosing between the first and second doses of the Pfizer-BioNTech and Moderna COVID-19 vaccines. While the second dose should be administered as close to the recommended interval (3 weeks apart for Pfizer-BioNTech and 4 weeks for Moderna), both vaccines may be scheduled up to six weeks after the first dose. The guidance may be found here.

  • On January 20, 2021, the CDC issued guidance to assist state, tribal, local, and territorial jurisdictions with expanded screening testing for SARS-CoV-2 to prevent/reduce silent spread of the virus. The guidance provides examples of groups that should be prioritized for expanded screening, such as first responders and those who work in high-density worksites. The document additionally outlines further steps for those who test positive and stresses the importance of sustaining and reinforcing mitigation measures, such as the use of PPE and social distancing. The guidance may be found here.

  • On January 12, 2021, the CDC issued an order effective January 26, requiring all air passengers arriving to the US from a foreign country to get tested for COVID-19 infection no more than three days before their flight departs and to provide proof of the negative result or documentation from having recovered from COVID-19 to the airline before boarding flights. The order is available here.

  • On December 25, 2020, the CDC issued an order effective December 28, requiring all air passengers arriving to the US from the UK to get tested no more than 3 days before their flight departs and to provide proof of the negative result to the airline before boarding the flight. This order was issued in response to the new variant of COVID-19 in the United Kingdom. The order is available here.

  • The Advisory Committee on Immunization Practices (“ACIP”) updated the interim vaccine allocation recommendations. For Phase 1b, ACIP recommends that the COVID-19 vaccine should be offered to those who are 75 years and older, in addition to non-health care frontline essential workers, and essential workers not included in Phase 1b. For Phase 1c, ACIP recommends prioritizing persons aged 65-74, and those aged 16-64 with high-risk medical conditions. The interim vaccine allocation recommendations are available here.

  • On December 1, 2020, ACIP recommended that health care personnel and long-term care facility residents be offered the COVID-19 first as part of Phase 1a. The interim vaccine allocation recommendations are available here.

Operation Warp Speed (“OWS”) Status:

  • On January 15, 2021, President-elect Biden selected David Kessler, the former head of the FDA, to lead Operation Warp Speed (“OWS”). Gen. Gustave Perna will continue to serve as OWS’s COO.  On the same day, White House Press Secretary Jen Psaki tweeted that the name, OWS, will be retired, and a new structure for this program will be phased in.

  • On May 15, 2020, the Trump Administration announced OWS to accelerate the development, production, and distribution of COVID-19 vaccines, therapeutics, and diagnostics to produce and deliver 300 million doses of vaccine by January 2021. OWS is a partnership between private firms and various components of HHS, including the CDC, NIH, BARDA, as well as the DOD and Department of Veterans Affairs.  A timeline highlighting the progresses made during the Trump administration regarding the development, manufacturing, and distribution of COVID-19 vaccines may be found here.

Relevant Federal Laws/Regulations:

  • Public Readiness and Emergency Preparedness Act (“PREP Act”)- 42 U.S.C. §247d-6d:
    • The Secretary may issue a PREP Act declaration to provide immunity from liability, unless willful misconduct is involved, for claims:
      • Of loss caused, arising out of, relating to, or resulting from the administration or use of medical countermeasures;
      • Determined by the Secretary to constitute a present or credible threat of a future PHE;
      • To entities and individuals involved in the development, manufacture, testing, distribution, administration, and use of such countermeasures.
    • The PREP Act additionally established the Countermeasures Injury Compensation Program (“CICP”), which provides compensation for serious side effects resulting from countermeasures. A CICP Fact Sheet is available here.
    • Secretary Azar issued a PREP Act declaration for the COVID-19 PHE on March 17, 2020, and it is effective as of February 4, 2020. The declaration is available here.

  • Defense Production Act (“DPA”)-50 U.S.C § 4511.
    • Title I of the DPA grants the President power to expedite and expand materials and services from the U.S. industrial base needed to promote the national defense, including emergency preparedness activities. Upon certain findings, the President is authorized to (1) require persons, including businesses, to prioritize and accept contracts for materials and services deemed necessary or appropriate to promote the national defense, and (2) allocate or control the distribution of materials, services, and facilities to the extent necessary to promote the national defense.  50 U.S.C. § 4511(a).
    • The DPA provides authority to ensure the availability of essential domestic industrial resources to support national defense and homeland security requirements through the use of economic incentives. 50 U.S.C. §§ 4531–4534.
    • The President has broad authority to collect information such that the capabilities of the nation and industry to respond in an emergency are understood. The President may obtain information by regulation, subpoena, or testimony as “necessary or appropriate” in his discretion to enforcement of the statute.  50 U.S.C. § 4555.
    • The President is additionally authorized to work with industry, finance, labor and other interest groups, to enter into voluntary agreements for which the participants are afforded protection from the antitrust laws. 50 U.S.C.§ 4558.
    • The DPA also has a provision providing immunity from liability for any act or failure to act that results directly or indirectly from compliance with a rule, regulation, or order issued under the DPA. 50 U.S.C. §4557.

  • The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)- PL 116-136, March 27, 2020, 134 Stat 281.
    • The CARES Act provided $80 million in funding to the FDA to, among other goals, support the development of necessary medical countermeasures and vaccines for the coronavirus.
    • The CARES Act provided $3.5 billion to BARDA for the necessary expenses of manufacturing, production, and purchase of vaccines, therapeutics, diagnostics, and small molecule active pharmaceutical ingredients.
    • The CARES Act text may be found here.

Enforcement Actions, Litigation, Other Legal Developments:

  • On February 22, 2021, the HHS Office for Civil Rights announced that hospitals and clinics using web-based scheduling applications for COVID-19 vaccine appointments will not face government penalties for inadvertent violations of HIPAA if the web-based scheduling applications were used in good faith. The Notification of Enforcement Discretion is in effect during the Public Health Emergency and is available here.

Additional Resources:

  • The latest COVID-19 news from HHS is available here.
  • CDC guidance regarding COVID-19 is available here.
  • CDC’s COVID-19 vaccination data tracker is available here.
  • CDC’s COVID-19 Vaccine Rollout Recommendations are available here.
  • Additional guidance regarding Operation Warp Speed is available here.

Alabama

State COVID-19 Webpage: Available here.

State Plan: Executive summary available here (Jan. 29, 2021).

Current Phase:

  • 1a

Eligibility Criteria for Each Phase:

  • Phase 1:
    • Critical healthcare workforce, residents of long-term care
  • Phase 1a:
    • Frontline health workers, including clinical and non-clinical in hospitals, nursing homes, or those providing in-home or mental health care directly
    • Workers in other healthcare settings providing services with a risk of exposure to fluids and aerosols
  • Phase 1b:
    • Essential workers at highest risk for work related exposure
    • Persons in identified age groups at risk for COVID 19 associated morbidity and mortality
      • Persons age 75 years and older
  • Phase 1c:
    • Persons in identified age groups at risk for COVID 19 associated morbidity and mortality not included in Phase 1b
      • Persons age 65-74 years
      • Persons age 16-64 years with high risk medical conditions
    • Persons with high risk medical conditions
    • Essential workers not recommended for vaccination in Phase 1b
  • Phase 2:
    • All persons in age groups not recommended for vaccine, ages 16-64
    • General Population not included in earlier phases

Relevant State and Local Laws/Regulations:

  • State Immunization Website, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • State of Alabama Governor Proclamation limiting employer liability for COVID-19 related claims (May 8, 2020), available here.

Provider Resources:

  • COVID-19 Vaccine Provider Support (Jan. 8, 2021), available here.

Additional Resources:

  • COVID-19 Vaccine FAQ (Jan. 15, 2021), available here.
  • Alabama ranks last in U.S. in percentage of distributed COVID vaccines administered (WVTM-13, Jan. 15, 2021), available here: “Alabama is currently No. 50 in the U.S. with only 22.6% percent of its doses administered, CDC vaccine data.”  
  • COVID-19 Notices (Jan. 1, 2021), available here.
  • COVID-19 Website (Jan. 13, 2021), available here.
  • State Vaccine Allocation Guidelines (Jan. 11, 2021), available here.
  • ADPH launches COVID-19 vaccination eligibility, scheduling portal, update available here.

Alaska

State COVID-19 Webpage: Available here.

State Plan: Available here (Oct. 16, 2020).

Current Phase:

  • Phase 1a (Tiers 1-3) and Phase 1b (Tier 1)

Eligibility Criteria for Each Phase:

  • Phase 1a Tier 1:
    • Long term care facility staff and residents
    • Hospital-based frontline health care workers and hospital personnel who are frequently exposed to COVID-19 patients
  • Phase 1a Tier 2:
    • Frontline EMS and Fire Service personnel providing medical services, who are frequently exposed to COVID-19 patients
    • Community Health Aides/Practitioners
    • Health care workers providing vaccinations to identified populations in Phase 1a
  • Phase 1a Tier 3:
    • Workers in health care settings who meet all of the following criteria:
      • Have direct human patient contact, or have direct contact with infectious materials from patients; and
      • Provide essential services in a hospital, clinic, home, or community-based setting that cannot be offered remotely or performed via telework; and
      • Provide essential health care service in a health care setting that cannot be postponed without serious negative impact to the patient's health
  • Phase 1b Tier 1:
    • Persons aged 65 years and older
  • Phase 1b Tier 2:
    • Frontline essential workers aged 50 years and older
    • People living or working in other congregate settings not covered in Phase 1a
  • Phase 1b Tier 3:
    • Persons aged 55-64 years
    • Frontline essential workers with 2 or more high-risk health conditions
    • All persons aged 16 and older living in "unserved communities"
  • Phase 1b Tier 4:
    • Persons aged 50 years and older with 2 or more high-risk health conditions
    • Frontline essential workers not covered in previous tiers
  • Guidelines for Phases 1c, 2, and 3 are still being developed.

Relevant State and Local Laws/Regulations:

  • State Immunization Program website, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Additional Resources:

  • State Vaccine FAQs, available here.
  • Amid ‘incredibly limited’ COVID-19 vaccine supply in Alaska, calls grow to bump up teachers and others (Anchorage Daily News, Jan. 11, 2021), available here:  “Numerous industry sectors and groups, including teachers, are urging state officials to move up their eligibility for the COVID-19 vaccine even as it became clear Alaska’s allocation for the month is all but used up.”.
  • State Vaccine Allocation Guidelines (Jan. 4, 2021), available here.

Arizona

State COVID-19 Webpage: Available here.

State Plan: Available here (Jan. 15, 2021); Prioritization plan by county, available here (Feb. 2, 2021).

Current Phase:

  • Phase 1A – Phase 1B

Eligibility Criteria for Each Phase:

  • Phase 1A:
    • Healthcare personnel, including frontline workers at increased risk for COVID-19 and may have underlying medical conditions
      • Healthcare practitioners and technical occupations
      • Healthcare support occupations
    • Long-term care residents at highest risk for severe disease and death, including staff who interact with vulnerable populations
      • Skilled nursing facility residents
      • Assisted living, independent living, HUD senior housing
      • DES group homes for individuals with developmental disabilities and ICF-IIDs, and staff
  • Phase 1B (Prioritized):
    • Prioritized essential workers
      • Education and childcare providers
      • Protective service occupations
    • People at increased risk for severe COVID-19 disease
      • Adults 75 years and older
  • Phase 1B (Not Prioritized):
    • Essential workers (based on CISA and EO 2020-12 definitions)
      • Power and utility workers
      • Food and agriculture related occupations
      • Transportation and material moving occupations
      • State and local government workers that provide critical services for continuity of government
      • Other essential workers
    • Congregate setting residents at highest risk for severe disease and death
      • Adults with high risk medical conditions living in shelters or other congregate living settings
  • Phase 1C:
    • People at increased risk for severe COVID-19 disease
      • Adults with underlying medical conditions (obesity, COPD, heart disease, diabetes, chronic kidney disease)
      • Adults 65 years and older
  • Guidelines for Phases 2-3 are still being developed.

Relevant State and Local Laws/Regulations:

  • State Immunization Program website, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • Governor’s Executive Order ensuring efficient administration of COVID-19 vaccine (Dec. 30, 2020), available here.
  • Second Renewal of Governor’s Executive Order limiting healthcare worker’s liability during the COVID-19 outbreak (Dec. 23, 2020), available here.

Additional Resources:

  • COVID-19 Vaccine Phase by Arizona County (Jan. 21, 2021), available here.
  • Arizona counties decry too little COVID-19 vaccine (Tuscon, Jan. 16, 2021), available here: “Arizona has been allocated $66 million for the vaccination process and $419 million for testing from the federal Consolidated Appropriation Act of 2021, but County Administrator Chuck Huckelberry said none of it is reaching the counties.”
  • State Vaccine FAQs (Jan. 04, 2021), available here.
  • State Vaccine Allocation Recommendations (Dec. 28, 2020), available here.
  • Arizona COVID-19 Vaccine Distribution Plan (Dec. 4, 2020), available here.

Arkansas

State COVID-19 Webpage: Available here.

State Plan: Available here (Jan. 2021).

Current Phase:

  • Phase IB

Eligibility Criteria for Each Phase:

  • Phase 1a:
    • Priority health care workers
    • Long-term care facility staff & residents
    • Other high priority groups
      • Primary Care
      • Urgent Care
      • College/University Student Health Center
      • K-12 Health Clinics and School Nurses
      • Dental Clinics
      • EMS, Fire and Law Enforcement (First Responders)
      • Morticians/Funeral Home Staff Involved in Direct Contact/Conducting Transports
      • Pharmacies
      • Home Health
      • Private Care/Personal Care
      • Hospice Care
      • Dialysis Centers
      • Correctional Staff Involved In Patient Care and Transfer
      • Blood Donation Centers
  • Phase 1B (Initial Group):
    • Adults aged 70 or older
    • Education including higher education and child care
  • Phase 1B:
    • Frontline Essential Workers:
      • Food and agricultural workers
      • Firefighters/police not in 1A
      • Manufacturing workers
      • Grocery store workers
      • Public transit workers
      • U.S. Postal Service workers
      • Essential government workers
      • Other correctional staff
  • Phase 1C (estimated in Apr. 2021):
    • People who are 65-69
    • People who are 16-64 with high-risk medical conditions
    • Essential workers:
      • Transportation and logistics
      • Water and wastewater
      • Food service
      • Shelter and housing
      • Public safety
      • Finance
      • IT & communications
      • Energy
      • Media
      • Public health workers
  • Phase 2:
    • The focus is on ensuring access to vaccine for members of Phase 1 critical populations not yet vaccinated and extend efforts to reach Phase 2 critical populations.
  • Phase 3:
    • The focus is to vaccinate the remainder of the healthy population. This phase is anticipated to be the routine/normal vaccination process medical professionals are accustomed to.
  • Guidelines for Phases 2-3 are still being developed.

Relevant State and Local Laws/Regulations:

  • State immunization website, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • State Vaccine Providers webpage, available here.
  • State Vaccine Providers Guidance Documents & Resources webpage, available here.
  • State COVID-19 Vaccine Provider Enrollment Checklist, available here.
  • State COVID-19 Vaccine Provider Enrollment FAQs, available here.

Additional Resources:

  • COVID-19 Vaccine FAQs (accessed Jan. 17, 2021), available here.
  • COVID-19 Map of 1-A and 1-B Pharmacy Locations (accessed Jan. 17, 2021), available here.
  • Inside the Arkansas Department of Health’s COVID-19 Vaccination Plan (ABC7, Jan. 16, 2021), available here: “Less than 24 hours ago, the Arkansas Department of Health released their COVID-19 vaccination plan. The state is divided into existing hospital coalition districts. It’s further divided by colors, with green giving the priority to the Pfizer vaccine because they can store them at negative 70 degrees.”
  • State Vaccine Allocation Presentation (Jan. 12, 2021), available here.
  • Breaking Down Arkansas COVID-19 Vaccination Delays (KNWA, Jan. 5, 2021), available here: “According to the Arkansas Department of Health, Arkansas has received another 10,000 COVID-19 vaccines but has only administered a little less than 3,000.”

California

State COVID-19 Webpage: Available here.

State Plan: Available here (Oct. 16, 2020).

Current Phase:

  • Phase 1B (as supplies allow)

Eligibility Criteria for Each Phase:

  • Phase 1A:
    • Healthcare workers
    • Long-term care residents
  • Phase 1B:
    • Individuals 65 and older
    • Those at risk of exposure at work in the following sectors:
      • Education and childcare
      • Emergency services
      • Food and agriculture
  • High Risk Individuals (starting Mar. 15, 2021)
    • Healthcare providers may use their clinical judgment to vaccinate individuals 16-64 who are deemed to be highest risk for morbidity and mortality from COVID-19 as a result of one or more of the follow conditions:
      • Cancer (current)
      • Chronic kidney disease
      • Chronic pulmonary disease
      • Down syndrome
      • Immunocompromised state from solid organ transplant
      • Pregnancy
      • Sickle cell disease
      • Heart conditions (excluding hypertension)
      • Severe obesity
      • Type 2 diabetes
    • OR the individual has a developmental or other severe high-risk disability and:
      • is likely to develop severe-life threatening illness or death from COVID-19
      • will have a limited ability to receive ongoing care or vital services as a result of being infected with COVID-19
      • OR, it will be challenging to provide adequate and timely care for COVID-19 as a result of the individual’s disability

 Relevant State and Local Laws/Regulations:

  • State Immunization Program website, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • Supreme Court Rules Against Calif., Doubles Down on Religious Rights Amid Pandemic (NPR, Feb. 6, 2021) available here: “A deeply divided Supreme Court doubled down on religious rights late Friday, ruling that California can no longer continue with a ban on indoor church services put in place to fight to the coronavirus pandemic. But the court said that the state, for now, can keep in place restrictions on singing and chanting inside.”
  • California urged to move inmates to front of COVID-19 vaccine line (Jan. 15, 2021), available here.

Provider Resources:

  • N/A

Additional Resources:

  • Updated COVID-19 Vaccination Allocation Guidelines (California Department of Public Health, Feb. 4, 2021) available here.
  • What the changes in the California COVID-19 vaccine priority list mean for you (LA Times, Jan/27/21) available here: “Newsom said the state would switch to an age-based eligibility approach. No details about the criteria were released Monday, but they could end up focusing on people over 50 first. It’s also unclear if there would be a special designation for those with preexisting conditions.”
  • California revamps Covid-19 vaccine delivery system amid criticism over slow rollout (CNN, Jan. 26, 2021), available here: “California is revamping its coronavirus vaccine delivery system amid criticism over the slow and inefficient rollout of doses, the California Department of Public Health announced Tuesday. The new system aims to simplify eligibility, standardize information and data, and address the available supply of doses by streamlining the process, the department said.”
  • California Lifts Virus Stay-At-Home Order and Curfew (AP News, Jan. 25, 2021), available here: “Gov. Gavin Newsom lifted stay-at-home orders across the state Monday in response to improving coronavirus conditions, a surprising move hailed by beleaguered businesses but that prompted caution from local health officials concerned the public may let down its guard … ‘We’re seeing a flattening of the curve … everything that should be down is down – case rates, positivity rates, hospitalizations, ICUs,’ Newsom said at a virtual news conference.”
  • As California Eases Vaccine Rules, Many Complain of Chaos (N.Y. Times, Jan. 15, 2021), available here: “Gov. Gavin Newsom’s announcement on Wednesday seemed sweeping: California would open up eligibility for a coronavirus vaccine to anyone 65 or older, effectively abandoning a rollout plan that was meant to ensure that the most vulnerable would be first in line. A day later, residents of the vast and varied state were trying to navigate what many described as vaccination chaos.”
  • California COVID-19 vaccine rollout hit with software system problems (L.A. Times, Jan. 8, 2021), available here: “California’s COVID-19 vaccine rollout is being at least partially slowed by technical problems with a software program used by the state to coordinate vaccine distribution among a vast network of providers, according to local and state health officials.”
  • State COVID-19 Vaccines Webpage, available here.
  • CDPH Drafting Guidelines Workgroup, available here.
  • CDPH Community Vaccine Advisory Committee, available here.

Colorado

State COVID-19 Webpage: Available here.

State Plan: Executive summary is available here (Oct. 26, 2020); full plan available here (Jan. 29, 2021).

Current Phase:

  • Phase 1B.2 

Eligibility Criteria for Each Phase:

  • Phase 1A:
    • Highest-risk health care workers and individuals:
      • People who have direct contact with COVID-19 patients for 15 minutes or more over a 24-hour period.
      • Long-term care facility staff and residents.
  • Phase 1B.1:
    • Health care workers with less direct contact with COVID-19 patients (e.g. home health, hospice, pharmacy, dental, etc.) and EMS
    • Firefighters, police, COVID-19 response personnel, correctional workers, and funeral services
    • People age 70 and older
  • Phase 1B.2:
    • Childcare workers in licensed child care programs, teachers (full-time and substitute), bus, food, counselors, administrative, safety and other support services offered inside the school
    • Members of the Executive and Judicial branches of state government (*note: members of the legislative branch have already received access to the vaccine)
    • People ages 65-69
  • Phase 1B.3
    • Frontline essential workers in food and agriculture, manufacturing, U.S. postal service, public transit and specialized transportation staff, grocery, public health, frontline essential human service workers, faith leaders, direct care providers for Coloradans experiencing homelessness, and essential frontline journalists.
    • People 16-64 with 2 or more high risk conditions as listed: Coloradans with cancer (defined as patients who are currently receiving treatment or have received treatment within the last month for cancer), chronic kidney disease, COPD, diabetes mellitus, Down syndrome, specific heart conditions (heart failure, cardiomyopathies or coronary heart disease, and severe valvular/congenital heart disease), obesity (BMI ≥ 30kg/m^2), pregnancy, sickle cell disease, solid organ transplant, and people with disabilities that prevent them from wearing masks
  • Phase 2:
    • People age 60-64
    • People age 16-59 with 1 high risk condition as listed: Coloradans with cancer (defined as patients who are currently receiving treatment or have received treatment within the last month for cancer), chronic kidney disease, COPD, diabetes mellitus, Down syndrome, specific heart conditions (heart failure, cardiomyopathies or coronary heart disease, and severe valvular/congenital heart disease), obesity (BMI ≥ 30kg/m^2), pregnancy, sickle cell disease, solid organ transplant, and people with disabilities that prevent them from wearing masks
    • Local continuity of local government defined as executives of those branches of government and a limited amount of essential support staff needed to provide for continuity of government
    • Continuation of operations for state government is defined as those individuals defined by continuity of operations plans that each agency holds to continue to provide services
    • Adults who received a placebo during a COVID-19 vaccine clinical trial
  • Phase 3:
    • Anyone age 16-59

Relevant State and Local Laws/Regulations:

  • CDPH Letter to Providers re: not asking for identification (Jan. 17, 2021), available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • Denver breaks from Colorado’s COVID-19 vaccine plan (Axios, Feb. 22, 2021), available here: “Denver is preparing to play a bigger role in the distribution of COVID-19 vaccines and is setting its own priority list rather than follow the dictates from Gov. Jared Polis. [Mayor] Hancock's push represents the most high-profile challenge to Polis' pandemic response and comes after weeks of feuding between the two Democrats.”
  • Colorado Attorney General Shuts Down COVID Vaccination Appointment Site (CBS Denver, Feb. 20, 2021), available here: “A company offering appointments for COVID-19 vaccinations has been ordered to take down its site by the Colorado Attorney General because the company, Vitae Care, hasn’t been approved.”
  • ACLU Appeals to Colorado Supreme Court, Wants Governor Polis to Decrease Prison Population (Pagosa Daily Post, Jan. 26, 2021), available here: “The American Civil Liberties Union of Colorado on Thursday submitted an expedited appeal to the Colorado Supreme Court regarding the recent dismissal of a lawsuit which aimed to decrease the state’s prison population in light of the pandemic … As of Thursday, a total of 8,068 prison inmates — or over 50% of the state’s total prison population — and 1,438 staff members have tested positive for the virus since the beginning of the pandemic, and 25 people have died, according to the Colorado Department of Corrections COVID-19 dashboard.”

Provider Resources:

  • Vaccine Providers and Public Health Professionals, available here.

Additional Resources:

  • Colorado launches new vaccine hotline; call center to be staffed 24/7 starting Feb. 1 (The Denver Channel, Jan. 25, 2021), available here: “Colorado has launched a new vaccine hotline that will be staffed by 50 people and which will be operating on a 24/7 schedule starting Feb. 1 to help better direct people aged 70 and up and others to where they can sign up to get inoculated against COVID-19.”
  • Vaccines for next few weeks impacted by lack of federal vaccine reserve (KOAA News5, Jan. 15, 2021), available here: “Polis said he was informed Friday about the lack of federal reserve for the second does and there is no influx of doses "contrary" to what they were told. About half of all vaccine doses go to Colorado hospital systems, with 20% going through community health clinics, 20% through local public health agencies and 10% through retail pharmacies, which are helping vaccinate nursing homes.”
  • COVID-19 Vaccine FAQs (last updated Jan. 14, 2021), available here.
  • State Vaccine Allocation Plan (last updated Dec. 30, 2020), available here.

Connecticut

State COVID-19 Webpage: Available here.

State Plan: Executive summary is available here (Oct. 27, 2020); full plan available here.

Current Phase:

  • Phase 1a and Individuals 65 years of age and older

Eligibility Criteria for Each Phase:

  • Phase 1a:
    • Healthcare personnel
    • Long-Term Care Facility Residents
    • Medical First Responders
  • Phase 1b:
    • Individuals 75 and older
    • Individuals between the ages of 65 and 74
    • Frontline essential workers
    • Individuals and staff in congregate settings
    • Individuals between the ages of 16 and 64 with comorbidities
  • State shifting to age-based eligibility schedule on March 1st, 2021
    • March 1: ages 55-64 become eligible to make appointments
    • March 22: expands to age group 45-54
    • April 12: expands to age group 35-44
    • May 3: expands to age group 16-34

Relevant State and Local Laws/Regulations:

  • State Immunization Program website, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • Executive Order No. 9Q Protection of Public Health and Safety During COVID-19 Pandemic – Vaccine Administration, Reporting, and Out-of-Network Charges (D 7, 2020), available here.
  • Board of education members and spouses were given COVID-19 vaccine at clinic for teachers and staff, union says (Hartford Courant, Jan. 26, 2021), available here: “Members of the Region 14 Schools board of education — and their spouses — were able to receive COVID-19 vaccinations at a clinic set up for teachers and staff, a local teachers’ union leader is charging … The vaccination clinic was already under fire because hundreds of teachers — though technically not eligible to register for a vaccine — were allowed to sign up due to miscommunication between the state and local districts.”

Provider Resources:

  • COVID-19 Vaccine Provider Resources (Connecticut Department of Public Health) available here.

Additional Resources:

  • COVID-19 Vaccine Rollout Goes Smoothly in Connecticut (WSJ, Jan. 9, 2021), available here: “State has administered nearly half of allotted doses, compared with about 28% nationally[.]”
  • State Vaccine Allocation Guidelines, available here.
  • COVID-19 Vaccine Advisory Group, available here.

D.C.

State COVID-19 Webpage: Available here.

State Plan: Available here (Nov. 27, 2020).

Current Phase:

  • Phase 1B Tier 2 (by appointment only)
    • Appointments specifically set aside for eligible residents of priority zip codes. More information is available here.

Eligibility Criteria for Each Phase:

  • Phase 1A:
    • Long Term Care Residents
    • Healthcare Personnel (including veterinary medicine)
    • Fire & Emergency Personnel
    • Frontline Public Health Workers
  • Phase 1B Tier 1:
    • Continue Long Term Care Residents
    • DC Residents age 65 years and older
    • Congregate Setting (intermediate care facilities, community residential facilities, group homes, homeless shelters)
    • Continue Phase IA
    • Correctional Officers
    • Staff working in Congregate Settings
    • Non-healthcare personnel supporting operations of COVID-19 vaccination clinics
  • Phase 1B Tier 2:
    • Continue Long Term Care Residents
    • Continue DC Residents age 65 years and older
    • Continue Congregate Settings (intermediate care facilities, community residential facilities, group homes, homeless shelters)
    • Correctional Facilities and Detention Centers
    • Continue Phase 1A, Phase 1B Tier 1
    • Law Enforcement/Public Safety
    • All staff working in K-12 educational facilities
    • All staff working in child care facilities
    • All staff working in grocery stores
    • Individuals employed in manufacturing
    • Individuals working in food packaging and distribution
  • Chronic Medical Conditions: eligible March 1st, 2021
    • Starting March 1st, individuals 16-64 with qualifying medical conditions will become eligible - will be asked to “self-attest” to these conditions while registering for appointments
      • Asthma, Chronic Obstructive Pulmonary Disease (COPD), and other chronic lung disease
      • Bone marrow and solid organ transplantation
      • Cancer
      • Cerebrovascular Disease
      • Chronic Kidney Disease
      • Congenital Heart Disease
      • Diabetes Mellitus
      • Heart conditions such as heart failure, coronary artery disease, or cardiomyopathies
      • HIV
      • Hypertension
      • Immunocompromised state
      • Inherited metabolic disorders
      • Intellectual and developmental disabilities
      • Liver disease
      • Neurologic conditions
      • Obesity: BMI more than 30
      • Pregnancy
      • Severe genetic disorders
      • Sickle cell disease
      • Thalassemia
  • Phase 1B, Tier 3:
    • Continue Long Term Care Residents
    • Continue DC residents 65 years and older
    • Continue Congregate Settings
    • Continue Correctional Facilities and Detention Centers
    • Continue Phase 1A, 1B Tiers 1 & 2
    • Staff working in Courts and Individuals Providing Legal Services
    • Individuals working in health, human services, and/or social services outreach programs
    • Frontline employees of public (mass) transit
    • Employees of US Postal Service
  • Phase 1C Tier 1:
    • Continue Phases 1A & 1B
    • DC Residents age 16-64 years and older with a chronic medical condition with increased risk of complications for COVID-19 and/or a chronic medical condition as defined by their health care provider
    • Staff working in food service
    • Essential employees in local government agencies
    • Essential employees of public utilities
    • Essential employees in non-governmental health, human, and social services organizations/agencies
    • Individuals working in commercial and residential property maintenance and environmental services
  • Phase 1C Tier 2:
    • Continue Phases 1A & 1B
    • Continue DC Residents age 16-64 years and older with a chronic medical condition with increased risk of complications for COVID-19 and/or a chronic medical condition as defined by their health care provider
    • Individuals working in non-public transit transportation services (i.e. for hire vehicles, ride share)
    • Individuals working in logistics/delivery/courier services
    • Essential employees working in media and mass communications
  • Phase 1C Tier 3:
    • Continue Phases 1A & 1B
    • Continue DC Residents age 16-64 years and older with a chronic medical condition with increased risk of complications for COVID-19 and/or a chronic medical condition as defined by their health care provider
    • All essential employees of institutions of higher education (i.e. colleges, universities, trade schools)
    • Individuals working in construction
    • All essential employees working in information technology
    • Essential employees in federal government agencies
    • Individuals working in commercial and residential property management
  • Phase 2:
    • Continue Phases 1A, 1B, & 1C
    • All DC Residents age 16 years and older not included in previous phases

Relevant State and Local Laws/Regulations:

  • State Immunization Program website, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • COVID-19 Vaccine Agreement (instructions for providers), available here.

Provider Resources:

  • Provider resources linked at bottom of DC COVID-19 Vaccine Information page, available here.

Additional Resources:

  • Coronavirus vaccination appointments canceled in D.C. region as health officials confront scarce supply (Washington Post, Jan. 25, 2021), available here: “Prince George’s County closed coronavirus vaccination appointments to nonresidents on Monday, and Inova Health System canceled thousands of appointments for Fairfax County teachers as providers across the Washington region scrambled to compensate for a limited supply of vaccine doses … The situation underscored the difficulty that localities and health departments face in balancing the ballooning eligibility pools while not having enough vaccine to go around.
  • DC Addresses Apparent Disparity in Vaccine Availability (NBC Washington, Jan. 18, 2021), available here: “Some D.C. residents are frustrated with the city’s vaccine portal, saying it’s been tough to make appointments, while leaders say they are trying to make sure residents of all wards have an equal chance at getting the shot.”
  • DC Health to Open More than 4,300 Coronavirus Vaccine Appointments on Saturday (DCist, Jan. 15, 2021), available here: “DC Health will open an additional 4,309 coronavirus vaccine appointments to residents in Wards 1, 4, 5, 7 and 8 on Saturday, according to a press release from the agency. The appointments will be available to people over the age of 65 or people who work in health care settings. The move is meant to ensure a more equitable distribution of the vaccine across the District, after those five wards saw the fewest sign-ups following the initial release of appointment windows on Monday.”
  • State Vaccine Allocation Guidelines (Jan. 11, 2021), available here.
  • State Vaccination Q&A, available here.

Delaware

State COVID-19 Webpage: Available here.

State Plan: Available here (Jan. 7, 2021).

Current Phase:

  • Phase 1b

Eligibility Criteria for Each Phase:

  • Phase 1a:
    • Health Care Personnel
    • Residents and Staff of Long-Term Care Facilities
    • Emergency Medical Services Agencies
  • Phase 1b:
    • Frontline Essential Workers
    • Persons 65 Years and Older
  • Remaining Phase 1:
    • Persons aged 16-64 with High-Risk Medical Conditions
    • Persons in High-Risk Congregate/Group Settings
    • Other Essential Workers
  • Phase 2:
    • Remainder of Congregate/Group Setting Staff and Residents
    • Persons Aged 16-49 with Moderate-Risk Medical Conditions
    • Essential Workers Not Receiving Vaccine in Phase I
    • Persons Aged 50-64
  • Phase 3:
    • Persons Aged 16-49
    • Essential Workers Not Receiving Vaccine in Phase 2
  • Phase 4:
    • Anyone Who Did Not Have Access to Vaccines in Prior Phases

Relevant State and Local Laws/Regulations:

  • State Immunization Program website, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • COVID-19 Vaccine Information for Medical Providers (Delaware Division of Public Health, Coronavirus Response) available here.

Additional Resources:

  • Delaware postponing second doses of the coronavirus vaccine for first responders due to short supply (Delaware Public Media, Jan, 26, 2021), available here: The state confirms it postponed a vaccination event scheduled Tuesday at the Dover DMV that would have given some first responders eligible under phase 1A of the state’s distribution plan their second doses of the vaccine. Robin Bryson, a DelDOT official acting as a spokesperson for the Division of Public Health, said … that because of a limited supply of the vaccine from the federal government, the state is faced with ‘very difficult decisions’ about the most effective use of the doses it has. He said because the first dose alone is still considered moderately effective against the virus, the state is focusing on administering those.”
  • Small number of seniors vaccinated to “test the logistics” ahead of Phase 1B (Delaware State News, Jan. 17, 2021), available here: “A small number of those 65 and older were vaccinated Saturday ahead of Phase 1B to test out distribution as the state looks ahead to the next phase, officials said. ‘The select group of 65 and over was included to help with a test of a technology project that will be used to register and process vaccinations in the next phase,’ Andrea Wojcik, a spokeswoman for the Department of Health and Social Services, said in an email.”
  • State Vaccine Allocation Guidelines (Dec. 29, 2020), available here.
  • COVID-19 Vaccine Planning for Agencies, Organizations, and Businesses, available here.

Florida

State COVID-19 Webpage: Available here.

State Plan: Available here (Oct. 16, 2020).

Current Phase:

  • Phase 1

Eligibility Criteria for Each Phase:

  • Phase 1 (Eligible Persons as of Dec. 23, 2020):
    • Health care personnel with direct patient contact
    • Long-term care facility residents and staff
    • Persons 65 years of age and older
    • Persons deemed extremely vulnerable to COVID-19 by hospitals providers

Relevant State and Local Laws/Regulations:

  • In Re: Prioritization of Floridians for COVID-19 Vaccine in Florida, Florida Dept. Of Health (Jan. 21, 2021), available here.
  • Executive Order Number 20-315 (COVID-19 Vaccine Administration/Protecting Florida’s Seniors) (Dec. 23, 2020), available here.
  • Notice of Vaccine Reporting Requirements Rule (published Dec. 15, 2020), available here.
  • Emergency Rule 59AER20-14 Mandatory Entry to Conduct Voluntary COVID-19 Vaccinations of Assisted Living Facility Staff and Residents (Dec. 1, 2020), available here.
  • Emergency Rule 59AER20-15 Mandatory Entry to Conduct Voluntary COVID-19 Vaccinations of Nursing Home Staff and Residents (Dec. 1, 2020), available here.
  • State Immunization Program website, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • Florida Department of Health Calls for Audit of Palm Beach County Health Care District Following Damage to More Than 1,000 Doses of Vaccine (Feb. 3, 2021); available here.
  • Florida fire captain arrested in alleged theft of Covid-19 vaccine (CNN, Jan. 28, 2021); available here: "He has been charged with petit theft and causing another person to falsify official records as a public servant. . . Earlier this week, paramedic Joshua Colon was arrested for his alleged role in falsifying vaccine screening and consent forms that officials say ‘set up the circumstance’ that led to the theft.”
  • Florida officials cracking down on COVID-19 ‘vaccine tourism’ (CBS News, Jan. 21, 2021), available here: “Data from the Florida Department of Health revealed more than 1.1 million people have been vaccinated in the state. Out of those 1.1 million people, 39,000 reside outside of Florida.”
  • Florida lawmakers to criminalize COVID-19 vaccine fraud attempts (WFLA, Jan. 14, 2021), available here: “The first bill approved by a newly created legislative committee on the pandemic would make it a felony for someone to fraudulently charge someone for offering to put them at the front of the vaccine line.”
  • AG Consumer Alert: Avoid COVID-19 Vaccine and Distribution Scams (Dec. 8, 2020), available here.

Provider Resources:

  • Provider Information for COVID-19 Vaccine, available here.

Additional Resources:

  • Florida contracts private company to help with COVID-19 vaccine rollout at long-term care facilities (WFTV ABC, Jan. 13, 2021), available here: “Records show the state of Florida has hired a private company to help distribute COVID-19 vaccines at long-term care facilities in the state.”
  • Governor Ron DeSantis Provides Update on Florida’s COVID-19 Vaccine Distribution and Accountability (Jan. 12, 2021), available here.

Georgia

State COVID-19 Webpage: Available here.

State Plan:  Available here (Jan. 1, 2021).

Current Phase:

  • Phase 1a+

Eligibility Criteria for Each Phase

  • Phase 1a+:
    • Paid and unpaid persons serving in a healthcare setting who have the potential for direct or indirect exposure to patients or infectious materials
      • Hospital staff
      • Public health clinical staff
      • EMS
      • Other first responders
      • Urgent care facility staff
      • Staff in clinical settings
      • Long-term care facility staff and residents
      • Adults 65 and older and their caregivers
      • Law enforcement, fire personnel, dispatchers, 9-1-1 operators
  • Phase 1b:
    • Other essential workers and people at higher risk of severe COVID-19 illness
      • Essential non-healthcare workers who perform job tasks across critical infrastructure sectors ensuring continuity of functions critical to public health, safety, economic and national security
  • Phase 1c:
    • Persons aged 16-64 with medical conditions that increase the risk for severe COVID-19

Relevant State and Local Laws/Regulations:

  • State Vaccine Safety website, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • Georgia medical center suspended from COVID-19 vaccine program (WTOC, Jan. 28, 2021); available here: “An investigation found the provider vaccinated several school teachers who did not fall in the 1A+ category. As a result, the state has cut off the provider from any future vaccine shipments.”
  • Georgia Senate passes bill that clarifies who can give COVID-19 vaccines (Atlanta Journal-Constitution, Feb. 18, 2021); available here. Text of bill available here. Bill under consideration by the Georgia House of Representatives as of Feb. 22, 2021.

Provider Resources:

  • COVID-19 Vaccine Information for Providers, available here.
  • State vaccine FAQs for providers, available here.

Additional Resources

  • State vaccine website, available here.
  • State allocation plan website, available here.
  • State vaccine FAQs for public, available here.
  • State COVID-19 Vaccine Hotline, (888) 357-0169.

Hawaii

State COVID-19 Webpage: Available here.

State Plan:  Executive summary available here (Jan. 7, 2021).

Current Phase:

  • Phase 1a and 1b

Eligibility Criteria for Each Phase

  • Phase 1a:
    • Healthcare personnel and long-term care facility residents
  • Phase 1b:
    • Frontline essential workers and adults 75 years of age and older
  • Phase 1c:
    • Adults age 65 to 74 years, persons 16 to 64 years with high-risk medical conditions, and essential workers not included in the other categories.
  • Phase 2:
    • All persons not previously vaccinated, which includes all persons 16 years and older who are not in the other categories

Relevant State and Local Laws/Regulations:

  • Trans-Pacific travelers arriving WITHOUT a confirmed negative COVID-19 test within 72 hours of departure are subject to a mandatory 10-day quarantine.  Travel regulations, available here

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • COVID-19 Guidance for Clinicians, available here.

Additional Resources:

  • State vaccine website, available here.
  • State allocation plan, available here.
  • State Governor’s COVID-19 Press Releases, available here.
  • State vaccine FAQs, available here.

Idaho

State COVID-19 Webpage: Available here.

State Plan:  Available here (Oct. 16, 2020).

Current Phase:

  • Group 2

Eligibility Criteria for Each Phase

  • Group 1:
    • Healthcare personnel and long-term care facility residents.  Healthcare personnel ranked by priority (highest to lowest): 
      • Hospital staff essential for care of COVID-19 patients and maintaining hospital capacity (includes support staff as well as clinical staff)
      • Outpatient clinic staff essential for care of COVID-19 patients and maintaining hospital capacity
      • Long-term care facility staff
      • Home care providers for adults 65 years of age and older or for other adults or children with high-risk medical conditions
      • Emergency medical services
      • Outpatient and inpatient medical staff not already included above who are unable to telework
      • Dentists, dental hygienists and dental assistants
      • Pharmacists, pharmacy technicians and pharmacy aides
      • Public health and emergency management response workers who are unable to telework
  • Group 2:
    • Frontline essential workers (workers who are in sectors essential to the functioning of society and are at substantially higher risk of exposure to COVID-19) and adults over 65 years old (updated by the committee with further clarifications on Jan. 22, 2021).  Group 2 ranked by priority:
      • First responders (other than EMS) and safety (fire/policy/protective services/community support) including Search and Rescue team members, TSA workers, and animal control officers
      • Pre-K-12 school staff and teachers and daycare [childcare] workers
      • Correctional and detention facility staff (other than medical)
      • Adults 65 and older
      • Food processing workers
      • Grocery and convenience store workers
      • Idaho National Guard (other than medical)
      • Manufacturing workers
      • Public transit workers; including regional transit bus drivers
      • U.S. Postal Service workers
  • Group 3 (not fully evaluated by COVID-19 Vaccine Advisory Committee as of Jan. 15, 2021):
    • Other essential workers and individuals 16–64 years of age with high-risk medical conditions. 
  • Group 4 (not fully evaluated by COVID-19 Vaccine Advisory Committee as of Jan. 15, 2021):
    • General public/individuals and 16–64 years of age. 

Relevant State and Local Laws/Regulations:

  • Executive Order No. 2021-03: Transparency in the Administration of the COVID-19 Vaccine (Jan. 28, 2021); available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • Immunization Resources for Providers, available here.
  • Vaccine Provider Tracking Details, available here.

Additional Resources

  • Gov. Little Updates Idahoans on COVID-19 Vaccine Rollout (Jan. 12, 2021), available here.
  • State allocation plan available here with prioritization of individuals in each grouping, available here.
  • Updates from the COVID-19 Vaccine Advisory Committee, available here.
  • State vaccine FAQs, available here.
  • Summary of Process Being Used to Prioritize Groups in Idaho, available here.

Illinois

State COVID-19 Webpage: Available here.

State Plan:  Available here (Jan. 10, 2021).  

Current Phase:

  • Phase 1a and 1b

Eligibility Criteria for Each Phase

  • Phase 1a:
    • Health Care Personnel (hospital settings and non-hospital healthcare)
    • Long-term care facility staff and all residents
    • Other identified congregate care staff and all residents
  • Phase 1b:
    • Residents aged 65 years and older
    • Frontline essential workers
      • First Responders (fire, law enforcement, 911 workers, security personnel, school officers)
      • Education (Congregate Child Care, Pre-K through 12th grade) (Teachers, principals, student support, student aids, day care workers)
      • Food and Agriculture (Processing, plants, veterinary health, livestock services, animal care)
      • Manufacturing (Industrial production of goods for distribution to retail, wholesale or other manufactures)
      • Corrections Workers and Inmates (Prison/jail officers, juvenile facility staff, workers providing in-person support, inmates)
      • United State Postal Services Workers
      • Public Transit Workers (Flight crew, bus drivers, train conductors, taxi drivers, para-transit drivers, in-person support, ride sharing services)
      • Grocery Store Workers (Baggers, cashiers, stockers, pick-up, customer service)
      • Shelters/Adult Day Care (Homeless shelter, women's shelter, adult day/drop-in program, sheltered workshop, psycho-social rehab)
  • Phase 1c: Possible groups include:
    • Persons aged 16 to 64 years old with high-risk medical conditions
    • Other essential workers
  • Phase 2: Possible groups include:
    • The rest of the population.

Relevant State and Local Laws/Regulations:

  • Governor’s executive orders and rules related to COVID-19 including emergency rules adopted in response to the COVID-19 outbreak, available here  

Enforcement Actions, Litigation, Other Legal Developments:

  • US Attorney John Lausch (N.D. Ill.) Warns of Fraud Schemes Related to COVID-19 Vaccines (Dec. 20, 2020), available here.

Provider Resources:

  • Mass Vaccination Guidance for Providers, available here.
  • Eligibility Guidance for Providers, available here.

Additional Resources

  • SARS-CoV-2/COVID-19 Mass Vaccination Planning Guide (Feb. 15, 2021), available here.
  • Pritzker Diverts Illinois' Federal Program Vaccine to Other Priorities, (NBC Chicago, Feb. 2, 2021), available here.
  • State allocation plan (Jan. 15, 2021), available here.
  • State vaccine website, available here.
  • COVID-19 vaccine FAQs, available here.

Indiana

State COVID-19 Webpage: Available here.

State Plan:  Available here (Oct. 2020).  

Current Phase:

  • Phase 1a and 1b

Eligibility Criteria for Each Phase

  • Phase 1a:
    • Patient-facing healthcare personnel and other staff in a healthcare facility who have direct contact with patients
    • Long-term care facility residents
    • Individuals working in a congregate living facility for youth (group home, residential care facility, child caring institution, private secure facility, juvenile detention facility, etc.) and have direct close contact with or provide in-person care to residents
    • Public-facing first responders (full-time, part-time, reservists, volunteers) who could be called to the scene of an emergency
      • Law Enforcement (Indiana State Police; Municipal/town police departments; College, university, school corporation, and hospital police agencies; County sheriff departments; DNR conservation officers)
      • Fire departments (including volunteer firefighters)
      • Emergency Medical Services Agencies
      • Department of Correction
  • Phase 1b:
    • Persons aged 70 years and older
    • Persons aged 65–69
    • Persons aged 60-64 (as of Feb. 23, 2021)
    • Eligibility Date TBD:
    • Age 55-59
    • Age 50-54
    • Those at high risk:
      • Active dialysis patients
      • Sickle cell disease patients
      • Down syndrome
      • Post-solid organ transplant
      • People who are actively in treatment (chemotherapy, radiation, surgery) for cancer now or in the last three months, or with active primary lung cancer or active hematologic cancers (lymphoma, leukemia and multiple myeloma) 

Relevant State and Local Laws/Regulations:

  • Commissioner’s Order: Statewide Standing Order for the Administration of Vaccines (Oct. 1, 2020), available here.
  • Commissioner’s Order Statewide Standing Order for the Administration of Vaccines by Other Providers (Dec. 15, 2020), available here, and Statewide Protocol for the Administration of Vaccines by Other Providers (Dec. 15, 2020), available here

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • Professional Resources, available here.
  • COVID-19 Indiana County Guidelines by Color (updated Jan. 28, 2021), available here.
  • COVID-19 Vaccine Training for Providers, available here.
  • State Vaccine Incident Response Worksheet (Feb. 2021), available here.
  • State Healthcare Reserve Workforce Licensed Professionals survey, available here.
  • COVID-19 in Indiana FAQs for the Public (Feb. 11, 2021), available here.

Additional Resources

  • State allocation plan (Feb. 23, 2021), available here.
  • State COVID-19 vaccine website, available here.
  • State COVID-19 vaccine FAQs, available here.
  • State COVID-19 Dashboard and Map, available here.
  • State Vaccine News and Resources, available here.
  • Vaccine Waiting Room website, available here.

Iowa

State COVID-19 Webpage: Available here.

State Plan:  Available here (Dec. 4, 2020).

Current Phase:

  • Phase 1b

Eligibility Criteria for Each Phase

  • Phase 1a:
    • Health care providers
    • Residents and staff of long-term care facilities
  • Phase 1b:
    • Persons age 65 and older
    • Persons of the following populations vulnerable to high risk of exposure or severity of illness:
      • Tier 1:
        • First responders (e.g., firefighters, police officers, and child welfare social workers)
        • PK-12 school staff, early childhood education, and childcare workers
      • Tier 2:
        • Food, agriculture, distribution and manufacturing workers work in or live in congregate settings that do not allow for social distancing
        • Individuals with disabilities living in home settings and their direct care staff
      • Tier 3:
        • Staff of and individuals living in congregate settings (does not include college dormitories) not covered by previous Phase or Tier
        • Government officials, including staff, engaged in business at the State Capitol
      • Tier 4:
        • Inspectors responsible for health, life and safety
      • Tier 5:
        • Correctional facility staff and individuals incarcerated
  • Phase 1c: Details to come

Relevant State and Local Laws/Regulations:

  • Infectious Disease Advisory Council recommendations, available here.  
  • Administration of COVID-19 Vaccine Policy Regarding County/State of Residence (Dec. 11, 2020), available here.  
  • Vaccine Shortage Order (Dec. 14, 2020), available here.
  • Phase 1B Supplemental Vaccine Shortage Order (Jan. 21, 2021), available here.
  • While not yet enacted, five Republication Senators recently introduced a new bill that would ban employers from requiring vaccination or discriminating on the basis of vaccination status, Senate File 193, available here.  

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • COVID-19 vaccine information for providers, available here.
  • COVID-19 Vaccine Information Brief (Feb. 5, 2021), available here.
  • COVID-19 Vaccine Cost, Billing and Reimbursement (Jan. 12, 2021), available here.
  • State COVID-19 Vaccine FAQ for Healthcare Providers (Dec. 10, 2020), available here.
  • COVID-19 Vaccination Program Provider Agreement FAQs (October 19, 2020), available here.
  • COVID-19 Vaccination Program Provider Agreement, available here.

Additional Resources

  • State allocation plan (Jan. 21, 2021), available here.
  • Phase 1B priority plan (Jan. 21, 2021), available here.
  • State Department of Public Health vaccine website, available here.
  • State COVID-19 Vaccine Information Dashboard, available here.

Kansas

State COVID-19 Webpage: Available here.

State Plan:  Available here (Nov. 4, 2020).  

Current Phase:

  • Phase 2 (in addition to unvaccinated Phase 1 population)

Eligibility Criteria for Each Phase

  • Phase 1:
    • Healthcare workers (paid and unpaid persons serving in healthcare or healthcare-associated jobs, who are unable to work from home and may be directly or indirectly exposed to patients or infectious materials as a result of their jobs)
    • Residents or patients in long-term care (LTC), senior housing or LTC-supported independent living
    • Workers critical to pandemic response continuity
  • Phase 2:
    • Persons aged 65+
    • Persons in congregate settings (anyone living or working in licensed congregate settings and other special care or congregate environments)
    • High-contact critical workers (workers providing critical services who are at a higher risk of being infected, because their jobs require consistent and close contact with a large number of individuals)
  • Phase 3:
    • Aged 16-64 with severe medical risks
    • Other critical workers (non-healthcare workers in critical infrastructure, who cannot perform their duties remotely and therefore face risks of work-related exposure to COVID-19)
  • Phase 4:
    • Aged 16-64 with other medical risks (medical conditions that increase the risk for severe COVID-19)
  • Phase 5:
    • Rest of population 16+
    • Children (subject to further research on Vaccine risks and effectiveness for children)

Relevant State and Local Laws/Regulations:

  • N/A  

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • State Vaccine Providers webpage, available here.
  • State Vaccine Providers Guidance Documents & Resources webpage, available here.
  • Kansas Provider Manual (Jan. 19, 2021), available here.
  • State “How to Participate” webpage for providers, available here.
  • State COVID-19 Vaccine Provider Enrollment Checklist, available here.
  • State COVID-19 Vaccine Provider Enrollment FAQs, available here.
  • State Department of Health Healthcare Providers & Local Health Departments Resources webpage, available here.
  • State COVID-19 Media for Healthcare Providers, available here.

Additional Resources

  • State Vaccine Prioritization Plan (Jan. 7, 2021), available here.
  • State vaccine website, available here.
  • State vaccine FAQs, available here.
  • State Weekly Vaccine Update, including announcements regarding commencement of new vaccination phases, available here.
  • Department of Health and Environment Toolkits, available here.
  • Press releases and other vaccine news updates from Kansas Department of Health and Environment, available here.

Kentucky

State COVID-19 Webpage: Available here.

State Plan:  Version 2 (updated Feb 8, 2021) available here

Current Phase:

  • Phase 1b
  • Regional vaccination sites will open to Phase 1 starting March 1, 2021.

Eligibility Criteria for Each Phase

  • Phase 1a:
    • Long term care facilities(residents and staff)
    • Assisted living facilities (residents and staff)
    • Health care personnel
  • Phase 1b:
    • First responders
    • Anyone age 70 or older
    • K-12 school personnel
      • Childcare workers (as of Feb. 15, 2021)
  • Phase 1c:
    • Anyone age 60 or older
    • Anyone age 16 or older with CDC highest risk COVID-19 risk conditions
    • All essential workers
  • Phase 2: Anyone age 40 or older.
  • Phase 3: Anyone age 16 or older
  • Phase 4: Children under the age of 16 if the vaccine is approved for this age group (est. 18% of KY population)

Relevant State and Local Laws/Regulations:

  • Governor’s executive orders related to COVID-19 including Dec. 4, 2020 Executive Order on Dispensing of Pharmaceuticals, available here.  

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • Vaccine Toolkit – For Healthcare Providers, available here.
  • Kentucky COVID-19 Vaccination Plan FAQs 1.2 (Jan. 27, 2021), available here.
  • State COVID-19 Monitoring webpage, including White House Coronavirus Task Force Reports for Kentucky, available here.
  • COVID-19 Vaccine Provider Enrollment Checklist, available here.
  • COVID-19 Provider Enrollment Application, available here.
  • Kentucky Healthcare Guidance webpage, available here.
  • COVID-19 Vaccine Provider Enrollment Letter (Nov. 2, 2020), available here
  • COVID-19 Enrollment Checklist and Flowchart, available here.

 Additional Resources

  • State COVID-19 Vaccination Plan (Version 2, Feb. 8, 2021), available here.
  • The COVID-19 Vaccine Distribution Plan in Kentucky (AARP, Jan. 29, 2021), available here:  “While all Phase 1A and 1B individuals are eligible for vaccination now, vaccination sites have been directed to prioritize adults 70 and older until further notice, Gov. Andy Beshear says. It is not clear how this will affect vaccine availability for others in Phase 1A and 1B.”
  • KY’s COVID vaccine rollout is happening out of order. Here’s why that’s inevitable (Lexington Herald Leader, Jan. 12, 2021), available here.
  • Kentucky Vaccine Map (Regional Vaccination Locations for Phase 1a and Phase 1b) webpage, available here.
  • State allocation plan (Jan. 4, 2021), available here.
  • State vaccine website, available here.
  • State vaccine FAQs (Feb. 15, 2021), available here.
  • Vaccination plan FAQs, available here.

Louisiana

State COVID-19 Webpage: Available here.

State Plan:  Executive summary available here.

Current Phase:

  • Phase 1b (Tier 1)
    • As of Feb. 23, 2021, the following groups will also be eligible to receive vaccines:
      • Persons aged 65 and older
      • Law enforcement and other first responders
      • Louisiana Unified Command Group members
      • State and local essential COVID emergency response personnel (limited to key responders working to ensure the state is able to respond during the COVID pandemic)
      • Some elections staff ahead of March elections
      • Teachers and any other support staff working on site in K-12 or daycare
      • All pregnant persons
      • Individuals ages 55-64 with at least one of the conditions listed by the CDC as placing them at an “increased risk of severe illness from the virus that causes COVID-19”. Persons with the following qualifying underlying medical conditions are advised to complete the Louisiana COVID-19 Vaccine Attestation Form, before their appointment, to receive the vaccine:
        1. Cancer
        2. Chronic kidney disease
        3. COPD (chronic obstructive pulmonary disease)
        4. Down syndrome
        5. Heart conditions including but not limited to heart failure, coronary artery disease or cardiomyopathies
        6. Immunocompromised state (weakened immune system) from solid organ transplant
        7. Obesity (body mass index [BMI] of 30kg/m2 or higher but less than 40kg/m2)
        8. Severe obesity (BMI greater than 40kg/m2)
        9. Sickle cell disease
        10. Smoking
        11. Type 2 diabetes mellitus

Eligibility Criteria for Each Phase

  • Phase 1a:
    • Health care workers at Tier 1 and Tier 2 hospitals
    • Staff and residents of nursing homes and long-term care facilities
    • First responders to serve as vaccinators (Emergency Medical Services, fire personnel, law enforcement
  • Phase 1b (Tier 1):
    • Persons ages 65 years or older in the community
    • Health-related support personnel (labs, mortuary, pharmacy)
    • Ambulatory and outpatient clinic providers and clinic staff
    • Urgent care clinic providers and staff
    • Community care clinic providers and staff
    • Behavioral health providers and staff
    • Dialysis providers and patients
    • Home care providers (including hospice workers) and home care recipients (including older and younger people with disabilities over the age of 16 who receive community or home-based care, as well as clients of home health agencies)
    • Dental providers and staff
    • American Sign Language (ASL) interpreters and Support Service Providers (SSPs) working in community and clinic-based settings, and clients who are both deaf and blind
    • Health-related support personnel (lab staff, mortuary staff who have contact with corpses, pharmacy staff)
    • Students, residents, faculty and staff of allied health schools (if not already receiving vaccine or in a plan to receive from their respective schools)
  • Phase 1b (Tier 2):
    • Essential governmental response personnel
    • Judiciary personnel
    • Department of Homeland Security personnel, Nation Guard (non-COVID deployed), federal intelligence and security personnel, and military personnel
    • First responders not covered in Phase 1a
    • Corrections officers and jailers
    • Medical transportation services
    • Homeless shelter and other congregate group home/center staff
    • K-12 school and daycare personnel
    • Food processing and agricultural workers
    • Veterinarians and veterinary support staff
    • Postal personnel
    • Public transit workers
    • Grocery store workers and other deemed frontline essential workers

Relevant State and Local Laws/Regulations:

  • Emergency Order: Protocol for Administration of Certain Covid-19 Vaccines (Feb. 10, 2021), available here. 

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • COVID-19 Information for Healthcare Providers webpage, available here.
  • COVID-19 Vaccine Information for Healthcare Providers, available here.
  • LDH COVID-19 Vaccine Provider Toolkit, available here.
  • Important Provider Updates and Documents webpage, available here.
  • COVID-19 Vaccination - Provider Training registration information and sign up page, available here.
  • Common COVID-19 Vaccine Questions for Providers, available here.
  • Coronavirus (COVID-19) Medicaid Information, available here.
  • Louisiana Department of Health 2021 Health Alert Network Messages webpage, available here.

 Additional Resources

  • COVID-19 Vaccination Information webpage providing vaccine eligibility updates and other vaccine news, available here.
  • Press releases and other vaccine news updates from Louisiana Department of Health, available here.
  • State Department of Health COVID-19 Vaccine: Frequently Asked Questions webpage, available here.

Maine

State COVID-19 Webpage: Available here.

State Plan:  Available here (Oct. 16, 2020).  

Current Phase:

  • Phase 1a 

Eligibility Criteria for Each Phase

  • Phase 1a: December through January
    • Health Care Personnel Needed to Preserve Critical Health Care Services. This group includes paid and unpaid personnel, including both clinicians and support staff, who physically work in hospitals, acute care settings, Emergency Medical Services, or home health on a regular basis and have direct contact with patients, or have the potential for direct or indirect exposure to patients or infectious materials. This includes outpatient clinicians and their staff who provide care to patients at risk of hospitalization such as providers in urgent care centers, medical practices providing acute care, dialysis centers, and oncology practices. This does not include administrative personnel.
    • Residents and Staff of Long-Term Care Facilities.
    • Other Patient-Facing Health Care Personnel. This group includes paid and unpaid personnel, including both clinicians and support staff, who physically work in other health care settings on a regular basis and have direct contact with patients, or have the potential for direct or indirect exposure to patients or infectious materials. Examples include personnel who work with aerosols, such as in dental fields; health care providers with prolonged contact with patients; practitioners in behavioral health, optometry, school nurses, and environmental services workers at health care practices. This does not include administrative personnel.
    • Public Safety Personnel. This group includes public-facing personnel at fire departments, federal, state, and local law enforcement, and officers at correctional facilities. This group does not include administrative personnel.
    • Critical COVID-19 Response Personnel. These individuals include people who manufacture, distribute, process, or report COVID-19 tests, whose work, if disrupted, would severely hamper the ability of Maine or the United States to respond to the COVID-19 pandemic. More specifically, this includes people who work in-person directly on COVID-19 response at Maine CDC, which spearheads the State’s COVID-19 response, and private companies such as IDEXX, which supports Maine’s COVID-19 testing capabilities; Abbott Laboratories, which manufactures COVID-19 tests for use in Maine and across the nation; Puritan Medical Products, which manufacturers swabs for COVID-19 tests; and Jackson Laboratories, which is conducting whole genome sequencing to detect COVID-19 variants for Maine.
  • Phase 1b: February through April
    • While vaccination is planned to proceed in this order -- starting with the first group in each phase and then advancing to the next -- some overlap and flexibility is expected. Currently, only Mainers 70 and older are eligible for vaccination in Phase 1b.
    • Older Mainers: Given the limited number of vaccines, people age 70 and older are being vaccinated first in Phase 1b, after which Maine will move to open vaccination to residents age 65 to 69.
    • Adults With High-Risk Medical Conditions. Given the limited number of vaccines, once people age 65 and older are vaccinated in Phase 1b, Maine will then move to vaccinate individuals whose pre-existing health conditions put them at greater risk of hospitalization or death from COVID-19. The U.S. CDC has identified such conditions; which Maine health care experts and clinicians will review. Depending on the size of this group, individuals may be vaccinated in stages, for example, starting with older high-risk people or people with two or more pre-existing conditions.
    • Critical Frontline Workers (to be determined). Given the limited number of vaccines, once people in the prior 1b groups are vaccinated, Maine will then move to open vaccination to critical frontline workers. While the U.S. CDC advisory committee has recommended that the following critical workers be considered frontline: food and agricultural workers, Postal Service workers, manufacturing workers, grocery store workers, public transit workers, those who work in the education sector (teachers, and support staff), and daycare workers, the State of Maine will review this list and make determinations as this phase approaches.
  • Phase 1c: May and June
    • Other Critical Frontline Workers (to be determined). The U.S. CDC advisory committee has recommended that the following critical frontline workers be considered in Phase 1c: transportation and logistics, food service, shelter and housing (construction), finance, information technology and communication, energy, media, legal, public safety (engineers), water and wastewater. The State of Maine will review this list and make determinations as this phase approaches.
  • Phase 2: June and Beyond
    • Persons aged 16-64, who were not already eligible in a prior phase.

Relevant State and Local Laws/Regulations:

  • COVID-19 Emergency Response Laws, available here.   

Enforcement Actions, Litigation, Other Legal Developments:

    • Office of the Maine Attorney General, AG Frey warns vaccine providers against giving COVID-19 vaccine to ineligible individuals (Feb. 16, 2021), available here.

Provider Resources:

  • State COVID—19 Vaccine Providers Portal, available here.

Additional Resources

  • State allocation plan, available here.
  • State vaccine website, available here.
  • State vaccination dashboard, available here.
  • State vaccine FAQs (Jan. 28, 2021), available here.
  • Press releases and other vaccine news updates from State of Maine (Feb. 17, 2021), available here.

Maryland

State COVID-19 Webpage: Available here.

State Plan: Available here (Oct. 16, 2020).

Current Phase:

  • Phase 1C

Eligibility Criteria for Each Phase:

  • Phase 1A
    • Health care workers
    • Residents and staff of nursing homes
    • First responders, public safety, corrections
  • Phase 1B
    • Individuals with intellectual and developmental disabilities
    • Assisted living, independent living, behavioral health and developmentally disabled group homes, and other congregate facilities
    • Adults age 75 and older
    • Education and continuity of government
  • Phase 1C
    • All licensed, registered and certified health care providers
    • Front line hospital staff
    • Nursing home residents and staff
    • Individuals with intellectual and developmental disabilities
    • Assisted living, independent living, behavioral health and developmentally disabled group homes and other congregate facilities
    • Law enforcement and firefighters, EMS
    • Education staff, including K-12 teachers, support staff and daycare providers
    • Correctional health care staff and officers
    • Public safety workers not covered in Phase 1A
    • Health care workers not covered in Phase 1A, including but not limited to lab services, public health, vaccine manufacturing and other health care professions
    • Front line judiciary staff
    • Continuity of government
    • Food/agriculture production, critical manufacturing, U.S. Postal Service, public mass transit, grocery store employees
    • Veterinarians and support staff
    • Clergy and other essential support for houses of worship
    • Adults age 65 and older
    • Individuals who are currently hospitalized AND diagnosed with the following criteria:
      • Cancer patients who are currently in active treatment
      • End stage renal disease patients requiring hemodialysis
      • Chronic Obstructive Pulmonary Disease (COPD)
      • Solid organ transplant recipients
      • Sickle cell disease patients
      • Diabetic patients (Type 1 and Type 2)
      • Individuals who are diagnosed with these medical conditions but are not currently hospitalized will be eligible to receive the vaccine in Maryland’s Phase 2 COVID-19 vaccine distribution
  • Phase 2
    • Adults 16-64 at increased risk of severe COVID-19 illness due to comorbidities
    • Essential workers in critical utilities, transportation, food service, etc.
    • Phase 2 will begin after the majority of the Phase 1 has been vaccinated or the federal government’s allocation of vaccines increase.
  • Phase 3
    • General population, including healthy adults age 16-64
    • Phase 3 will begin once the majority of Phase 2 has been vaccinated and/or the federal government’s allocation of vaccines to the state increase.

Relevant State and Local Laws/Regulations:

  • COVID-19 orders and guidance, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • Maryland Health Care Heroes Protection Act, SB311, available here .

Provider Resources:

  • State Resources for Health Care Professionals, available here.

Additional Resources: ­­­

  • Phased COVID-19 Vaccine Distribution Flyer (Jan. 14, 2021), available here.
  • Phased COVID-19 Vaccine Distribution (Jan. 14, 2021), available here.­­­
  • State Vaccination plan one-pager, available here.
  • State Vaccine FAQs, available here.

Massachusetts

State COVID-19 Webpage: Available here.

State Plan: Available here (Oct. 16, 2020). 

Current Phase:

  • Phase 1, Phase 2 Groups 1 and 2

Eligibility Criteria for Each Phase:

  • Phase 1 (December 2020 – February 2021): Listed in order of priority:
    • Clinical and non-clinical health care workers doing direct and COVID-facing care, including:
      • COVID-19 testers, staff of test sites, urgent care centers, other clinics, school nurses, and public health nurses performing COVID-19 testing
      • COVID-19 vaccinators and support staff for a COVID vaccination clinic including pharmacists, pharmacy interns, and pharmacy technicians, school nurses, and public health nurses supporting COVID-19 vaccination
      • Medical Reserve Corps who are called up to vaccinate or other COVID facing direct care work
      • COVID facing Hospice/palliative care professionals
      • COVID facing laboratorians
      • COVID facing imaging professions
      • Emergent employees (manufacturing COVID vaccine)
      • Sexual assault nurse examiners (SANE)
      • Primary care providers
      • Skilled nursing facility rapid response teams
      • Visiting and contract nurses
    • Long term care facilities, rest homes and assisted living facilities
    • First responders, including:
      • All interfacility transport workers, MedFlight staff, college/university campus police, 911 Dispatch employees
      • Federal law enforcement (including FBI, DEA, Coast Guard, federal court officers, U.S. Marshals Service, ATF, Federal Reserve Police, Homeland Security investigators)
      • Court officers
      • Harbormasters/Assistant Harbormasters
      • Massport police
      • ABCC Inspectors
    • Congregate care settings, including:
      • Emergency shelter programs including homeless shelters, domestic violence shelters, and veterans’ shelters
      • Private special education schools which offer residential services and are approved by the Department of Elementary and Secondary Education
    • Home-based health care workers, including:
      • PT/OT/SLP therapists who work with medically complex home students
      • Personal Care Attendants (PCAs)
      • Home Health, hospice, and home care agency staff performing visits in the home
      • Independent Nurses and Continuous Skilled Nursing staff performing visits in the home
      • Aging Service agency staff performing regular visits in the home
      • State Agency staff performing direct care in the home, including DCF Emergency Response Workers, DMH case managers and DDS care coordinators
      • Mental and behavioral health providers providing in home treatment (e.g., ACCS integrated team, PACT, CBHI, ABA, ESP)
      • Adult Foster Care and Group Adult Foster Care workers performing work in the home
      • Independent Therapists (physical therapists, occupational therapists, Speech & Language therapists) performing work in the home
      • Home-Based Respite and Individual/Family Support staff (DDS and DDS Self Directed)
    • Health care workers doing non-COVID-facing care, including:
      • Dentists/dental students, and dental hygienists (unless routinely working with COVID-19 positive or suspected patients such as Oral Surgeons covering the ER, in which case should be considered COVID-facing)
      • Medical and nursing students (unless routinely working with COVID-19 positive or suspected patients, in which case should be considered COVID-facing)
      • Inpatient and outpatient physical therapists (unless routinely working with COVID-19 positive or suspect patients, in which case should be considered COVID-facing)
      • Occupational therapists
      • Certified athletic trainers
      • Interpreters who work in hospitals (unless routinely working with COVID-19 positive or suspected patients, in which case should be considered COVID-facing)
      • Behavioral health clinicians not already covered in congregate care or direct care
      • Non-COVID facing Laboratorians
      • Blood donation workers
      • Organ donation procurement worker
      • Hospice/palliative care professionals
      • Non-COVID facing Imaging Professionals
      • Dialysis center workers and patients
      • Audiologists and speech and language pathologists (unless routinely working with COVID-19 positive or suspected patients, in which case should be considered COVID-facing)
      • Podiatrists and pedorthists (unless routinely working with COVID-19 positive or suspected patients, in which case should be considered COVID-facing)
      • Program of All-inclusive Care for the Elderly (PACE) staff
      • SUD treatment program staff (if program is non-residential)
      • Asthma and allergy specialists
      • Diagnostic sleep testing center staff
      • Chiropractors
      • School nurses (other than those working as vaccinators/testers)
      • Members of the clergy (if working in patient-facing roles)
      • Acupuncturists
  • Phase 2 (February – March 2021):
    • Group 1: Individuals age 75+
    • Group 2: Individuals age 65+, individuals with 2+ certain medical conditions, and/or residents and staff of low income and affordable senior housing
    • Group 3: Other workers, including:
      • Early education, K-12, transit, grocery, utility, food and agriculture, restaurant and cafe workers
      • Employees across the food, beverages, agriculture, consumer goods, retail, and foodservice sectors
      • Meatpackers
      • Sanitation, public works and public health workers
      • Vaccine development workers
      • Food pantry workers and volunteers
      • Transit/transportation: Uber/Lyft/ride share services/pharmacy delivery drivers, workers in the passenger ground transportation industry (e.g., paratransit for people with disabilities, food delivery, non-urgent medical transport), Massport workers other than police
      • Convenience store workers (under grocery workers)
      • Water and wastewater utility staff
      • Court system workers (judges, prosecutors, defense attorney, clerks), other than court officers who are listed under first responders
      • Medical supply chain workers
        1. Workers at manufacturers (including biotechnology companies and those companies that have shifted production to medical supplies), materials and parts suppliers, technicians, logistics and warehouse operators, printers, packagers, distributors of medical products and equipment (including third party logistics providers, and those who test and repair), personal protective equipment (PPE), isolation barriers, medical gases, pharmaceuticals (including materials used in radioactive drugs), dietary supplements, commercial health products, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies (including dispensers), sanitary goods, personal care products, pest control products, and tissue and paper towel products.
      • Funeral directors and funeral workers
      • Shipping port and terminal workers
    • Group 4:
  • Phase 3 (Starting April 2021):
    • If your group is not specifically listed in either Phase 1 or Phase 2, you will be eligible to receive the vaccine in Phase 3, which we expect to launch in April. The vaccine is expected to be available to the general public, including:
      • Higher education workers, including administrators, teaching and non-teaching staff
      • Bottled beverage industry workers
      • Veterinarians

Relevant State and Local Laws/Regulations:

  • COVID-19 emergency orders and guidance, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Additional Resources:

  • State allocation plan, available here.
  • State updates on vaccination program, available here.
  • State Vaccine FAQs, available here.

Michigan

State COVID-19 Webpage: Available here.

State Plan: Available here (Feb. 19, 2021).

Current Phase:

  • Phase 1B, Phase 1C Group A

Eligibility Criteria for Each Phase:

Phase 1A: Paid and unpaid persons serving in health care settings who have the potential for direct or indirect exposure to patients or infectious materials and are unable to work from home as well as residents in long-term care facilities.

  • Priority One: Keep critical health care infrastructure open and functioning (i.e., hospitals, critical care units, and emergency medical response systems) through vaccination of staff who perform direct patient care and work in critical areas including:
    • Group A: Emergency medical service providers, including medical first responders
    • Group B: General medical floor
    • Group C: Emergency department
    • Group D: Intensive care units
  • Priority Two: Prevent outbreaks and protect residents in long-term care facilities
    • Group A: Vaccinate workers who have direct contact with large number of vulnerable residents. Note this would include staff who come in and out of the buildings
      • Skilled nursing facility staff
      • Psychiatric hospital staff
      • Homes for aged staff
      • Adult foster care centers staff
      • Assisted living facility staff
      • Home health care workers caring for high risk clients with large patient loads (e.g., people with a tracheostomy/ventilator at home)
    • Group B: Vaccinate vulnerable residents in long-term care facilities
      • Skilled nursing facility residents
      • Psychiatric hospital patients
      • Homes for aged residents
      • Adult foster care centers residents
      • Assisted living facility residents
  • Priority Three: Keep necessary health care infrastructure functioning
    • Group A: Vaccinate workers with direct patient contact who conduct high risk procedures (e.g., dentists, endoscopy, dialysis)
    • Group B: Vaccinate other workers who have direct patient contact, including outpatient, urgent care, ambulatory care, and home health care
    • Group C: Vaccinate workers with specialized skills critical to health care system functioning who have indirect patient contact (e.g., hospital and public health laboratories, pharmacy, and medical waste handlers)

Phase 1B: Persons 75 years of age or older and frontline essential workers in critical infrastructure

  • Group A: Persons 75 years of age or older not covered in Phase 1A. This includes those in a congregate setting that were not reached in Phase 1A
  • Group B: Prioritized frontline workers whose work role has frequent or intense exposure, and, due to the nature of the work, are not able to maintain social distance. For example, a first responder may have to physically touch other people in their response, and a child care provider cannot maintain social distance from children when caring for their physical needs. The specific prioritized categories are:
    • Pre-Kindergarten through high school teachers, support staff and child care workers who usually have direct contact with children
    • First responders not covered in Phase 1A (e.g., firefighters, police, conservation officers, inspectors)
    • Corrections workers (e.g., staff in prisons, jails, juvenile justice facilities)
    • Workers in homeless shelters, congregate child care institutions, and adult and child protective services
  • Group C: Other frontline essential workers in sectors essential to the functioning of society and are at substantially higher risk of exposure to SARS-CoV-2 because their work-related duties must be performed on site and involve being in close proximity (i.e. within 6 feet) to the public or to coworkers.
    • Frontline essential workers in the food processing and agricultural industries are prioritized for vaccination beginning March 1, 2021.

Phase 1C: Individuals age 16 years or older at high risk of severe illness due to COVID-19 infection and some other essential workers whose position impacts life, safety, and protection during the COVID-19 response

  • Group A: Individuals age 65 years and older. This includes those in congregate settings that were not reached in prior Phases
  • Group B: Individuals age 16 to 64 years with COPD, hypertension, chronic kidney disease, heart disease, diabetes, obesity or other conditions that puts them at high risk of negative COVID-19 outcome.
  • Some other essential workers whose work must be performed on site, not covered in prior Phases, will also likely be vaccinated during this phase most likely in the summer. MDHHS will adapt this guidance as vaccine availability becomes clearer.

Phase 2: Individuals 16 years of age or older

  • All individuals who did not otherwise fit into the earlier groups for whom the vaccine is recommended

Relevant State and Local Laws/Regulations:

  • COVID-19 state orders and directives, available here.
  • MDHHS epidemic orders, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • COVID-19 Vaccine Provider Guidance and Educational Resources, available here.
  • State resources for health professionals, available here.

Additional Resources:

  • State Preliminary COVID-19 Vaccination Timeline, available here.
  • State Vaccine FAQs, available here.
  • COVID-19 Vaccine Provider Guidance and Educational Resources, available here.

Minnesota

State COVID-19 Webpage: Available here.

State Plan: Executive Summary available here (Oct. 21, 2020).

Current Phase:

  • Phase 1a

Eligibility Criteria for Each Phase:

  • Phase 1a – First Priority:
    • Health care personnel:
      • Hospitals: All personnel working in dedicated COVID-19 units, ICU, emergency departments, designated COVID-19 urgent care clinics. (Includes, but not limited to: nurses and nursing assistants, doctors, advanced practice providers, respiratory therapists, lab/tech staff, and environmental services/maintenance staff.)
      • LTCF (skilled nursing facilities and nursing homes): All personnel working in these facilities
      • Emergency Medical Services Personnel: People providing direct patient care as part of the EMS system. This includes: Air Ambulance Pilots, Ground Ambulance Drivers, Physicians, Physician Assistants, Nurses, and those personnel certified or registered by the EMSRB: Paramedics, Advanced Emergency Medical Technicians, Emergency Medical Technicians, and Emergency Medical Responders
      • First responder personnel: People who provide direct patient care to the general public in response to medical and/or trauma incidents in the performance of their job duties
      • COVID testers: Personnel providing testing at large community testing centers
      • COVID community vaccinators: Public health vaccinators and those administering COVID-19 vaccine in Phase 1a.
      • Affiliated clinics and health care personnel contractors are included in all of these definitions, and it is expected that the hospital will vaccinate these people.
    • Long-term care residents
      • Residents living in skilled nursing facilities and nursing homes (including veterans’ homes)
  • Phase 1a – Second Priority:
    • Health care personnel:
      • Hospitals: All personnel providing direct patient services or handling infectious materials and not included in the first priority group. Affiliated clinics and health care personnel contractors are included, and it is expected that the hospital will vaccinate these people
      • LTCF (assisted living facilities/housing with services with an arranged Home Care Provider): All personnel working in these facilities
      • Urgent care settings: All personnel providing direct patient services or handling infectious materials and not included in first priority group
      • Dialysis centers: All personnel providing direct patient services or handling infectious materials.
      • This includes staff who regularly come in and out of health care facilities: skilled nursing facility staff, psychiatric hospital staff, adult foster care center staff, home health care workers caring for high risk clients with larger patient loads (e.g., patients with a tracheostomy or ventilator at home). Also included are onsite staff that cannot perform their work via telework and are not able to maintain safe working distances (6 feet apart).
    • Long-term care residents
      • Residents living in housing with services with an arranged Home Care Provider, otherwise known as Assisted Living (including veterans’ homes)
  • Phase 1a - Third Priority:
    • Health care personnel:
      • All remaining HCP not included in the first and second priority groups that are unable to telework. This includes, but is not limited to: HCP that work in hospitals, ambulatory and outpatient settings, home health settings, emergency shelters, LTCF, dental offices, pharmacies, public health clinics, mental/behavioral health settings, correctional settings, group homes, medical transportation providers, hospice workers, mortuary personnel and coroner personnel.
      • Affiliated clinics and health care personnel contractors are included, and it is expected that the health care entity will vaccinate these people.
    • Long-term care residents:
      • Adult residents living in Intermediate Care Facilities for People with Intellectual Disabilities and other adult residents living in residential care facilities licensed in MN primarily serving at-risk people including older adults, people with intellectual and physical disabilities, in settings such as community residential settings and adult foster care

Relevant State and Local Laws/Regulations:

  • Minnesota’s Stay Safe Plan guidance overview, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • SF 512, available here.

Additional Resources

  • State Department of Health news releases, available here.
  • Minnesota Guidance for Allocating and Prioritizing COVID-19 Vaccine – Phase 1a (Feb. 4, 2021), available here.
  • State Vaccine FAQs, available here.

Mississippi

State COVID-19 Webpage: Available here.

State Plan: Executive Summary available here (Oct. 22, 2020).

Current Phase:

  • Eligibility described below.

Eligibility Criteria for Each Phase:

  • Current eligibility (as of March 1, 2021):
    • Adults aged 65 and older
    • Anyone 16 to 64 years old with a chronic health condition that may put them at higher risk from COVID-19 (18 or older at our drive-through sites) qualifying health conditions:
      • Cancer
      • Chronic kidney disease
      • COPD (chronic obstructive pulmonary disease)
      • Down Syndrome
      • Heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies
      • Immunocompromised state (weakened immune system) from solid organ transplant
      • Obesity (body mass index [BMI] of 30 kg/m2 or higher but less than 40 kg/m2)
      • Severe Obesity (BMI 40 kg/m2 or higher)
      • Pregnancy
      • Sickle cell disease
      • Smoking
      • Diabetes
      • Or other medical conditions as determined by your medical provider
    • Long-term care facility residents and staff
    • Healthcare personnel and EMT/paramedics, paid or unpaid, in any setting where they may be exposed directly or indirectly to COVID-19 patients or COVID-19 infectious materials
      • Healthcare workers include nurses, physicians, emergency medical services, technicians, pharmacists, dietary and food staff, environmental services staff and others
      • Healthcare settings include acute care facilities, long-term acute care facilities, inpatient rehabilitation facilities, nursing homes, assisted living facilities, home health care, mobile clinics, outpatient facilities such as physicians’ offices and others
    • Teachers, staff and employees in K-12, preschool or childcare settings. (For appointments on or after March 1st)
    • Public safety personnel: Law enforcement, public safety, fire services and emergency management officials. (For appointments on or after March 1st)

Relevant State and Local Laws/Regulations:

  • Regulations regarding medical exemptions, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • COVID-19 Vaccination Provider Resources and Enrollment, available here.

Additional Resources:

  • COVID-19 Vaccination Report (Feb. 21, 2021), available here.
  • COVID-19 Press Conference: Vaccine Supply and Distribution (Feb. 8, 2021), available here.
  • COVID-19 Press Conference: Vaccine Supply and Distribution (Jan. 29, 2021), available here.
  • COVID-19 Press Conference: Vaccine Distribution and More (Jan. 21, 2021), available here.
  • Notice: Change in COVID-19 Vaccination Plan and Vaccine Supply (Jan. 13, 2021), available here.
  • State Vaccine FAQs, available here.
  • Mississippi State Department of Health COVID-19 Vaccine Hesitancy Survey, available here.

Missouri

State COVID-19 Webpage: Available here.

State Plan: Available here (Nov. 11, 2020).

Current Phase:

  • Phase 1A, Phase 1B-Tier 1, Phase 1B-Tier2

Eligibility Criteria for Each Phase:

Phase 1 Allocation

  • Phase 1A:
    • Patient-Facing Health Care Workers and Long-Term Care Facility Residents and Staff
    • Hospitals, Long-term care facilities and residents, including Department of Mental Health (DMH)-operated facilities
    • Home health, Hospice, Dialysis centers, Urgent care
    • Vaccinator staff and those administering COVID testing
    • Congregate community healthcare settings staff and residents, including DMH contracted settings and adult day cares
    • EMS and high-risk non-congregate healthcare, including clinics, physicians, and home care providers
    • All remaining patient-facing healthcare providers, including but not limited to health care workers in emergency shelters, dental offices, school nurses, pharmacies, public health clinics, mental/behavioral health providers, and correctional settings
  • Phase 1B – Tier 1:
    • First Responders, Emergency Services, and Public Health Infrastructure Protecting those who keep us safe and help us during an emergency
    • Non-Patient Facing Public Health Infrastructure: Administrators and staff at federal, state, or local public health agencies and other healthcare workers who carry out functions necessary to the operation of the state’s healthcare infrastructure that were not included in 1A
    • First Responders: All federal, state, and/or local first responders beyond EMS/EMTs in 1A, including law enforcement, fire services, corrections, and certain social service agencies
    • Emergency Management and Public Works: Federal, state, or local government employees in emergency management and public works agencies, identified nonprofit organizations designated as partner voluntary agencies
    • Emergency Services Sector: Employees defined in the emergency services sector not otherwise listed, including law enforcement, fire and rescue services, emergency medical services, emergency management, and public works
  • Phase 1B – Tier 2:
    • High-Risk Individuals
      • Anyone aged 65 and older
      • Adults with the following conditions:
        1. Cancer
        2. Chronic Kidney Disease
        3. COPD (Chronic Obstructive Pulmonary Disease)
        4. Intellectual and/or developmental disabilities such as Down syndrome
        5. Heart Conditions such as heart failure, CAD (coronary artery disease) or cardiomyopathies
        6. Immunocompromised state from solid organ transplant
        7. Severe Obesity (BMI >40kg/m2)
        8. Pregnancy
        9. Sickle Cell Disease
        10. Type 2 Diabetes Mellitus
  • Phase 1B – Tier 3: Critical Infrastructure
    • Education: Teachers, faculty, and staff in public, private, and nonprofit pre K – 12
    • Childcare: Faculty and staff in a DHSS or DSS -licensed facility providing basic care to children
    • Communications Sector: Employees at public, private, or nonprofit organizations that provide communications services
    • Dams Sector: Employees at public, private, or nonprofit organizations that provide services in the dams sector related to critical water retention and control services
    • Energy Sector: Employees at public, private, or nonprofit organizations that provide energy services, regardless of the energy source. Adults with the following conditions
    • Inpatient and Outpatient Facilities
    • Food/Agriculture Sector – initial: Employees of certain food production and processing facilities, and related operations, prioritizing mass food production, distribution, transportation, wholesale and retail sales, including grocery and convenience stores where groceries are sold; includes veterinary services
    • Government: Elected officials in any branch of government at the state, county, and/or municipal levels required for the continuity of government; members of the judiciary at the federal, state, and/or local levels required for the continuity of government; employees designated by the federal government that fall within the state’s vaccine allocation responsibilities; other designated government personnel required for the continuity of government
    • Information Technology Sector: Employees at public, private, or nonprofit organizations that provide IT services
    • Nuclear Reactors, Materials, and Waste Sector: Employees at public, private, or nonprofit organizations that work in this sector
    • Transportation Systems Sector: Employees in the transportation systems sector including aviation, highway and motor carriers, maritime transportation systems, mass transit and passenger rail, pipeline systems, freight rail, and postal shipping
    • Water and Wastewater Systems Sector: Employees at public, private, and/or nonprofit organizations that provide drinking or wastewater services

Phase 2 Allocation:  Equity and Economic Recovery

  • Chemical Sector: Employees engaged in the manufacture, store, use, and transport of potentially dangerous chemicals and other diverse products in the chemical sector that are essential to modern life and economic activity
  • Commercial Facilities Sector: Employees engaged in activities related to the eight subsectors within the commercial facilities sector
  • Critical Manufacturing Sector: Employees in critical manufacturing engaged in the production of certain goods
  • Defense Industrial Base Sector: Employees that contribute to products and services that are essential to mobilize, deploy, and sustain military operations and national defense
  • Financial Services Sector: Employees within the financial services sector
  • Food/Agriculture Sector – remaining*: Remaining populations within the sector not included in 1B, including restaurants
  • Government*: Other state and local government designated personnel required to provide essential services
  • Higher Education: Faculty and staff at public, private, and/or nonprofit higher education institutions
  • Disproportionately Affected Populations: Populations at increased risk of acquiring or transmitting COVID-19, with emphasis on racial/ethnic minorities not otherwise included in 1B
  • Homeless: Populations at increased risk of acquiring or transmitting COVID-19, excluding those that were already included in 1B

Phase 3 Allocation:  Remaining Unvaccinated

Relevant State and Local Laws/Regulations:

  • State COVID-19-related laws and regulations, available here.
  • Statewide COVID-19-related orders, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources

  • COVID-19 Vaccinators, available here.
  • COVID-19 Vaccinator Enrollment, available here.

Additional Resources:

  • Governor Parson Provides Update on COVID-19 in Missouri (Feb. 18, 2021), available here.
  • Detailed list of phases and eligibility (Jan. 14, 2021) available here.
  • State Vaccine FAQs, available here.
  • COVID-19 Vaccine Navigator, available here,
  • COVID-19 Vaccination Site, Eligibility and Appointments, available here.

Montana

State COVID-19 Webpage: Available here.

State Plan: Available here (Jan. 6, 2021).

Current Phase:

  • Phase 1b

Eligibility Criteria for Each Phase:

  • Phase 1a: Long-term care and assisted living facility residents and staff and healthcare workers (patient facing). Healthcare workers means healthcare personnel and staff who may have direct or indirect exposure to SARS-CoV-2 and are unable to work from home. This may include workers at:
    • Skilled Nursing Facilities
    • Long-term Care Facilities
    • Assisted Living
    • Residential Care
    • Inpatient and Outpatient Facilities
  • Phase 1b: Persons aged 70 years and older. American Indians and other people of color who may be at elevated risk for COVID-19 complications. Persons aged 16-69 with high-risk medical conditions. Qualifying medical conditions include:
    • Cancer
    • Chronic kidney disease
    • COPD (chronic obstructive pulmonary disease)
    • Down Syndrome
    • Heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies
    • Immunocompromised state (weakened immune system) from solid organ transplant
    • Severe Obesity (BMI greater than or equal to 40 kg/m2)
    • Sickle cell disease
    • Type 1 & 2 Diabetes mellitus
    • On a case by case basis, medical providers may include individuals with other conditions that place them at elevated risk for COVID-19 related complications
  • Phase 1c: Frontline Essential Workers; persons aged 60 years and older; individuals residing in congregate care and correctional facilities; persons aged 16-59 with medical conditions not included in Phase 1b that may have an elevated risk of COVID-19 complications, conditions include:
    • Asthma (moderate-to-severe)
    • Cardiovascular disease (affects blood vessels and blood supply to brain)
    • Cystic fibrosis
    • Hypertension or high blood pressure
    • Immunocompromised state (weakened immune system) from blood or bone marrow transplant, immune deficiencies, HIV, use of corticosteroids, or use of other immune weakening medicines
    • Neurologic conditions, such as dementia
    • Liver disease
    • Overweight (BMI greater than 25 kg/m2, but less than 40 kg/m2)
    • Pulmonary fibrosis (having damaged or scarred lung tissues)
    • Thalassemia (a type of blood disorder)
  • Phase 2: All remaining Montanans aged 16 or older.

Relevant State and Local Laws/Regulations:

  • Montana FAQs regarding State statutes and COVID-19, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • Montana COVID-19 Vaccine Provider Enrollment, available here.

Additional Resources:

  • Over 216,000 Total COVID-19 Vaccine Doses Now Administered in Montana (Feb. 22, 2021), available here.
  • Governor Gianforte Secures Montana’s Inclusion in Federal Vaccine Program (Feb. 16, 2021), available here.
  • DPHHS to Receive More Vaccine Doses for Week of February 15 (Feb. 10, 2021), available here.
  • COVID-19 Allocation Information (Jan. 29, 2021), available here.
  • COVID-19 vaccination plan information (Jan. 20, 2021), available here.
  • COVID-19 Vaccination Dashboard, available here.
  • COVID-19 Vaccine Availability and Resources, available here.

Nebraska

State COVID-19 Webpage: Available here.

State Plan: Available here (Jan. 15, 2021).  

Current Phase:

  • Phase 1B

Eligibility Criteria for Each Phase:

  • Phase 1A: Hospital workers and other emergency medical services.
    • The State provides a detailed chart on allocation tiers, available here.
  • Phase 1B – Ongoing:
    • Age 65+
    • Age 18+ with high-risk medical conditions
  • Phase 1B – Tier I
    • First responders (dispatch, police/state patrol/FBI, fire, adult/child welfare)
    • Utilities (power, water, gas, sanitation)
    • Homeless shelter staff
    • Corrections staff
    • Educators (teachers – public, private, higher education; support staff; licensed daycare providers)
  • Phase 1B – Tier II
    • Funeral homes (funeral homes, coroners)
    • Grocery
    • Food processing (meat packing plants, food processing, co-ops)
  • Phase 1B – Tier III
    • Transportation (trucking, railroad, gas stations)
    • US Postal Service
    • Public transit (bus air)

Relevant State and Local Laws/Regulations:

  • State COVID-19 guidance documents available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources

  • COVID-19 Vaccine Information for Health Care Providers, available here.

Additional Resources:

  • Gov. Ricketts, DHHS Leaders Provide Update on Vaccine Prioritization (Feb. 18, 2021), available here.
  • Nebraska COVID-19 Vaccine Update (Feb. 16, 2021), available here.
  • Some Nebraska Test Sites Closed for Extreme Temps, Holiday on Monday (Feb. 14, 2021), available here.
  • Gov. Ricketts Provides Vaccination Update, Urges Precautions During Extremely Cold Weather (Feb. 12, 2021), available here.
  • Pharmacy Locations Now Offering COVID-19 Vaccine For Phase 1B Groups in Nebraska (Feb. 11, 2021), available
  • State Vaccine FAQs (Feb. 5, 2021), available here.
  • DHHS COVID-19 Weekly Update (Feb. 3, 2021), available here.
  • Phase 1B prioritization chart (Feb. 19, 2021), available here.
  • COVID-19 Vaccine Information, available here.
  • COVID-19 Vaccine Registration Portal, available here.
  • COVID-19 Vaccination Dashboard, available here.

 

Nevada

State COVID-19 Webpage: Available here.

State Plan: Available here (Jan. 12, 2021).

Current Phase: Phase 1b (see county-specific plans for current eligibility)

Eligibility Criteria for Each Phase:

Phase 1 Allocation

  • Phase 1a: Critical infrastructure workforce ordered by priority:
    • General medical and surgical hospital
    • Long-term care facility staff and residents
    • Psychiatric and substance abuse hospitals
    • Emergency medical services personnel
    • Frontline public health workforce and volunteers
    • Laboratory workers
    • Pharmacists and pharmacy technicians
    • Outpatient home and health providers 
  • Phase 1b – Two “Prioritization Lanes” moving in parallel:
    • Frontline/Essential Workforce ordered by priority:
      • Public Safety and Security:
        1. Nevada Department of Corrections staff
        2. Law enforcement and public safety
        3. Deployed and mission critical personnel who play essential role in national security
        4. State and local emergency operations managers/staffs
      • Frontline Community Support
        1. Education and childcare staff
        2. Nevada system of higher education faculty
        3. Community support frontline staff (frontline workers who support food, shelter, court/legal services, and social services, and other necessities of life for needy groups and individuals)
        4. Continuity of governance and services (state and local)
        5. Essential public transportation
        6. Remaining public health workforce
        7. Mortuary services
      • Frontline Supply Chain & Logistics
        1. Agriculture and food processing
        2. End-to-end essential goods supply chain
        3. Utilities and communications infrastructure
        4. NDOT and local emergency road personnel
        5. Frontline airport operations
        6. Other essential transportation
      • Frontline Commerce & Service Industries
        1. Food service and hospitality
        2. Hygiene products and services
        3. Depository credit institution workforce
      • Frontline Infrastructure
        1. Infrastructure, shelter and housing (construction)
        2. Essential mining
      • Other
        1. Community support administration staff
        2. NSHE students living in campus-sponsored residential settings
        3. NSHE remaining workforce
        4. Additional critical infrastructur
      • NDOC inmates
    • General Population ordered by priority:
      • Nevadans 70 years and older
      • Nevadans 65 to 69 years old
      • Nevadans 16 to 64 with underlying conditions, individuals with disabilities, Nevadans experiencing homelessness
      • Healthy adults 16 to 64 years old

Relevant State and Local Laws/Regulations:

  • N/A

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources

  • Tools and Resources for Providers, available here.
  • COVID-19 Vaccination Provider Requirements, available here.

Additional Resources:

  • State Vaccine FAQs, available here.
  • County-Specific Vaccine Plans, available here (Feb. 23, 2021).
  • Nevada Health Response Releases Additional Guidance for Vaccinators, Vaccination Events (Nevada Health Response Press Release, 2, 2021), available here: “Pursuant to the Governor’s Medical Advisory Team’s recommendation, this new guidance states that Emergency Medical Services personnel do not need to hold a vaccine endorsement in order to provide the COVID-19 vaccine.”
  • CDC: Nevada ranks worst state for vaccines administered per 100K (Local news, Jan. 23, 2021) available here: “Updated data from the Centers for Disease Control and Prevention shows that Nevada is the worst state for COVID-19 vaccine doses administered for every 100,000 people.”
  • Nevada Health Response Releases Additional Guidance on Who May Administer the COVID-19 Vaccine (Jan. 13, 2021), available here.

New Hampshire

State COVID-19 Webpage: Available here.

State Plan: Available here (Oct. 30, 2020).  

Current Phase:

  • Phase 1

Eligibility Criteria for Each Phase:

Phase 1 Allocation: 

  • Phase 1a:
    • At-risk health workers
      • Most risk: Front line clinical staff who provide direct patient care and support staff with risk of exposure to bodily fluids or aerosols
      • Moderate risk: Staff who have indirect or limited patient contact
    • Older adults in residential care settings
      • Residents of long term care facilities (LTCF), skilled nursing (SNF), and assisted living facilities (ALF)
    • First responders
      • Fire and EMS: All private, public, and volunteer fire and emergency medical services (EMS) personnel
      • Law Enforcement: All certified or sworn law enforcement officers in NH, whether employed full- or part-time. Includes Federal law enforcement not covered by federal allocation
      • COVID-19 Responders: Personnel with the NH COVID response with potential patient (or SARS-CoV2) contact, including laboratorians and specimen collection personnel
  • Phase 1b:
    • People 65 and older
    • Medically vulnerable individuals
    • Residents and staff of residential facilities for person with intellectual and developmental disabilities
    • Corrections officers and staff working in correctional facilities
    • First responders and health workers not already vaccinated

Phase 2 Allocation: 

  • Phase 2a:
    • K-12 school and children staff
  • Phase 2b:
    • People 50-64 years old

Phase 3 Allocation: 

  • Phase 3a:
    • Medically vulnerable <50 years old at moderately higher risk with 1 or more conditions defined in chart, available here
  • Phase 3b:
    • Everyone else not already vaccinated

Relevant State and Local Laws/Regulations:

  • N/A

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources

  • Tools and Resources for Providers, available here.
  • COVID-19 Vaccination Provider Requirements, available here.

Additional Resources:

  • State Phase 1a Allocation Guidelines (Feb. 5, 2021), available here.
  • State Phase 1b Allocation Guidelines (Feb. 5, 2021), available here.
  • State allocation plan (Jan. 16, 2021), available here.
  • State vaccine FAQs (Jan. 25, 2021), available here.

New Jersey

State COVID-19 Webpage: Available here.

State Plan: Available here (Dec. 15, 2020).

Current Phase: Certain Phase 1B sub-populations, as announced:

  • Effective January 14, 2021 (Jan. 13, 2021 Expansion Letter available here):
    • Persons aged 65 and older are eligible to receive COVID-19 vaccination
    • Persons 16 to 64 who have at least one high-risk chronic medical condition are eligible to receive COVID-19 vaccination
  • Effective January 7, 2021 (Jan. 8, 2021 Expansion letter available here):
    • Sworn law enforcement, firefighters and other first responders who are part of Phase 1B are eligible to receive COVID-19 vaccination

Eligibility Criteria for Each Phase:

  • Phase 1A: healthcare personnel and long-term care residents (both effective as of Dec. 15, 2020)
    • Healthcare Personnel (Phase 1A): Paid and unpaid persons serving in health care settings who have the potential for direct or indirect exposure to patients or infectious materials, including, but not limited to:
      • Licensed healthcare professionals like doctors, nurses, pharmacists, and dentists
      • Staff like receptionists, janitors, mortuary services, laboratory technicians
      • Consultants, per diem, and contractors who are not directly employed by the facility
      • Unpaid workers like health professional students, trainees, volunteers, and essential caregivers
      • Community health workers, doulas, and public health professionals like Medical Reserve Corps
      • Personnel with variable venues like EMS, paramedics, funeral staff, and autopsy workers
      • All workers in acute, pediatric, and behavioral health hospitals and ambulatory surgical centers
      • All workers in health facilities like psychiatric facilities, Federally Qualified Health Centers, and rehabs
      • All workers in clinic-based settings like urgent care clinics, dialysis centers, and family planning sites
      • All workers in long-term care settings like nursing homes, assisted living facilities, group homes, and others
      • All workers in occupational-based healthcare settings like health clinics within workplaces, shelters, jails, colleges and universities, and K-12 schools
      • All workers in community-based healthcare settings like PACE and Adult Living Community Nursing
      • All workers in home-based settings like hospice, home care, and visiting nurse services
      • All workers in office-based healthcare settings like physician and dental offices
      • All workers in public health settings like local health departments, LINCS agencies, harm reduction centers, and medicinal marijuana programs
      • All workers in retail, independent, and institutional pharmacies
      • Other paid or unpaid people who work in a healthcare setting, who may have direct or indirect contact with infectious persons or materials, and who cannot work from home
    • Long-Term Care Residents and Staff (Phase 1A): All residents and staff of long-term and congregate care facilities, including:
      • Skilled nursing facilities
      • Veterans homes
      • Assisted living facilities, continuing care retirement communities, and personal care homes
      • Group homes like residential care homes, adult family homes, adult foster homes, and intellectual and developmental disabilities group homes
      • HUD 202 Supportive Housing for the Elderly Program residences
      • Institutional settings like psychiatric hospitals, correctional institutions, county jails, and juvenile detention facilities (for eligible minors, e.g., 16+ years of age may be eligible for Pfizer vaccine under the emergency use authorization)
      • Other vulnerable, congregate, long-term settings
  • Phase 1B:
    • First Responders (Phase 1B): Sworn law enforcement, firefighters, and other first responders, including:
      • New Jersey State Police troopers
      • Municipal and county police officers
      • Campus police officers
      • Detectives in prosecutors' offices and state agencies
      • State agency/authority law enforcement officers (e.g., State Park Police and Conservation Officers, Palisades Interstate Parkway Officers, Human Services police, and NJ Transit police)
      • Investigator, Parole and Secured Facilities Officers
      • Aeronautical Operations Specialists
      • Sworn Federal Law Enforcement Officers and Special Agents
      • Bi-State law enforcement officers (e.g. Port Authority)
      • Court Security Officers
      • Paid and unpaid members of firefighting services (structural and wildland)
      • Paid and unpaid members of Search and Rescue Units including technical rescue units and HAZMAT teams
      • Paid and unpaid firefighters who provide emergency medical services
      • Paid and unpaid members of Industrial units that perform Fire, Rescue and HAZMAT services
      • Members of State Fire Marshal’s Offices
      • Bi-State Fire Service Personnel (e.g. Port Authority)
    • Individuals at High Risk (Phase 1B): Individuals aged 65 and older, and individuals ages 16-64 with medical conditions, as defined by the Centers for Disease Control and Prevention, that increase the risk of severe illness from the virus. These conditions include:
      • Cancer
      • Chronic kidney disease
      • COPD (chronic obstructive pulmonary disease)
      • Down Syndrome
      • Heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies
      • Obesity (body mass index [BMI] of 30 kg/m2 or higher but < 40 kg/m2)
      • Severe Obesity (BMI ≥ 40 kg/m2)
      • Sickle cell disease
      • Smoking
      • Type 2 diabetes mellitus
      • Individuals who are pregnant and those in an immunocompromised state (weakened immune system) from solid organ transplant are also eligible but should follow CDC guidance and first discuss vaccination with their medical provider before receiving the vaccine
    • Additional frontline essential workers (Phase 1B): Not effective yet and additional detail currently unavailable
  • Other essential workers (Phase 1C)
  • General population (Phase 2)

Relevant State and Local Laws/Regulations:

  • Importance of demographic data collection and reporting to ensure equitable access to COVID-19 vaccines (NJ Dept. of Public Health Memo, Feb. 12. 2021), available here:  “Complete and accurate race and ethnicity information is urgently needed to support equitable distribution of COVID-19 vaccines in New Jersey, to track equitable access, and to inform outreach.”

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • Vaccine Provider Administration Enrollment Information, available here.
  • Healthcare Provider FAQs (Feb. 22, 2021), available here.

Additional Resources:

  • Vaccine FAQs (Feb. 22, 2021), available here.   
  • Vaccination Eligibility FAQ (Feb. 4, 2021), available here.
  • Feds give N.J. more than $200M to distribute COVID vaccines (Local news, Jan. 27, 2021), available here. “The Federal Emergency Management Agency said Tuesday it was giving the New Jersey State Police $216 million to help cover the costs of storing, transporting, distributing and administering the coronavirus vaccines through April 30.”
  • Registration portal available here.

New Mexico

State COVID-19 Webpage: Available here.

State Plan: Available here (Oct. 16, 2020).

Current Phase: Phase 1B

Eligibility Criteria for Each Phase:

  • Phase 1A:
    • All hospital personnel
    • Residents of nursing homes and long-term care facilities
    • Medical first responders
    • Congregate setting healthcare workers and those workers in congregate settings who may have close contact with infected persons
    • Persons providing direct medical care and other in person services in the community
    • Home-based healthcare and hospice workers
  • Phase 1B:
    • Persons 75 years or older
    • Persons 16 years or older with at least one of chronic medical conditions identified below:
      • Conditions with increased risk of severe illness:
        1. Cancer
        2. Chronic kidney disease
        3. COPD (chronic obstructive pulmonary disease), pulmonary fibrosis, cystic fibrosis
        4. Down syndrome
        5. Heart conditions (heart failure, hypertension, coronary artery disease or cardiomyopathies)
        6. Immunocompromised state from solid organ transplants
        7. Obesity (BMI>=40)
        8. Pregnancy
        9. Sickle cell disease
        10. Type 2 Diabetes
      • Conditions that might involve increased risk:
        1. Asthma
        2. Cerebrovascular disease (previous stroke, TIA)
        3. Hypertension or high blood pressure
        4. Immunocompromised state from blood or bone marrow transplant, immune deficiencies, HIV, use of corticosteroids or use of other immune-weakening medicines
        5. Neurologic conditions such as dementia
        6. Liver disease
        7. Overweight (BMI >25 but <30)
        8. Pulmonary fibrosis (having damaged or scarred lung tissues)
        9. Thalassemia
        10. Type 1 diabetes
    • Frontline essential workers will be vaccinated in the following order:
      • Family home caregivers, child care workers, (paid or unpaid) of persons who care for those with high risk conditions
      • Early education and K-12 educators/staff and other personnel in educational institutions needed on-site to support in-person learning
      • Higher education staff
      • Grocery store workers
        1. Personnel at grocery stores, supermarkets, food banks, farmers’ markets and vendors who sell food, convenience stores, and other businesses that generate the majority of their revenue from the sale of canned food, dry goods, fresh fruits and vegetables, fresh meats, fish, and poultry, and any other household consumer products, as well as pet food, feed, and other animal supplies
      • Food and agriculture workers, including farms, ranches and other food cultivation operations
      • Food processing or packaging operations
      • Public transit workers
      • Critical manufacturing workers, including: medical supplies and equipment, manufacturing agents, chemicals, fertilizer, pharmaceuticals, sanitary products, household paper products, microelectronics/semiconductors, primary metals, electrical equipment, appliances and components, and transportation equipment
      • Adult and child protective services workers
      • Police
      • Firefighters
      • Public health, environmental, occupational health and other workers who perform in-person inspections to promote health and safety of licensed and unlicensed facilities and operations
      • Mortuary, cremation and cemetery service workers
      • Court personnel; elected and appointed officials in government who are unable to work remotely and/or telework
      • Personnel who provide in-person services necessary to maintain the safety and sanitation of residences or essential businesses including security services, towing services, custodial services, plumbers, electricians, and other skilled trades
      • Hardware and construction stores
      • Laundromats and dry cleaner services
      • Workers not covered in Phase 1A in research centers and laboratories who are unable to work remotely and/or telework
      • Workers and volunteers who provide in-person services to indigent or needy populations
      • Laboratories and defense and national security-related operations supporting the United States government, or contractors to the United States government or any federal entity who are unable to work remotely and/or telework
      • Emergency Operations Center (EOC) personnel; PPE and vaccine warehouse workers
    • Vulnerable populations: Persons in congregate settings who have not been vaccinated as part of other phases will be identified as a vulnerable population. Populations in congregate settings include those persons unable to self-isolate or stay six feet apart from each other, which can result in increased spread of COVID-19 within and outside congregate settings. Congregate settings include homeless shelters, residential treatment centers, community homes, corrections or detention facilities, and juvenile justice facilities
  • Phase 1C:
    • Persons 60 years or older
    • Essential workers not included in Phase 1B and who are unable to work remotely and/or telework. Workers falling within this category will be vaccinated in the following order:
      • Businesses that store, transport or deliver goods or services directly to residences, retailers, government institutions, or essential businesses
      • Automobile repair facilities, bike repair facilities, and retailers who generate the majority of their revenue from the sale of automobile or bike repair products
      • Airlines and airport operations
      • Taxis and other private transportation providers
      • Transportation network companies
      • Utilities, including contractors, suppliers, and supportive operations, engaged in power generation, fuel supply and transmission, water and wastewater supply
      • Food service personnel not included in Phase 1B, including restaurant and quick service food operations and food prep centers
      • Consumer goods, retail
      • Finance/banking staff, including banks, credit unions, insurance providers, payroll services, brokerage services and investment management firms
      • Information technology and communications personnel
      • Energy industry personnel
      • Legal and accounting personnel
      • Media personnel
      • Veterinary and livestock services, animal shelters and facilities providing pet adoption, grooming, daycare or boarding services
  • Phase 2: all persons 16 years or older not recommended for vaccination in other phases

Relevant State and Local Laws/Regulations:

  • Public Health Emergency Order Implementing Administration and Reporting Requirements for All COVID-19 Vaccine Providers (Jan. 8, 2021), available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • COVID-19 Vaccine Information for Providers, available here.

Additional Resources:

  • Vaccination registration portal available here
  • State Announces Adjustment to County COVID-19 Vaccination Figures (New Mexico Dept. of Health Press Release, Feb. 8, 2021), available here: “The New Mexico Department of Health on Monday announced an adjustment in the way COVID-19 vaccination data is reported.”
  • Vaccine allocation plan (Jan. 28, 2021), available here.
  • Hospitals say there is not enough vaccines for New Mexicans (Local news, Jan. 25, 2021), available here: “It is an issue that representatives from hospitals and medical systems throughout New Mexico say they’re facing – not enough COVID-19 vaccine.”

New York

State COVID-19 Webpage: Available here

State Plan:

  • Vaccination Plan available here (Oct. 16, 2020).

Current Phase: Currently in Phase 1a and initial groups from Phase 1b

Eligibility Criteria for Each Phase:

  • Eligible New Yorkers in Phase 1a and 1b are:
    • High-risk hospital workers (emergency room workers, ICU staff and Pulmonary Department staff)
    • Residents and staff at nursing homes and other congregate care facilities
    • Federally Qualified Health Center employees
    • EMS workers
    • Coroners, medical examiners and certain funeral workers
    • Staff and residents at OPWDD, OMH and OASAS facilities
    • Urgent Care providers
    • Individuals administering COVID-19 vaccines, including local health department staff
    • All Outpatient/Ambulatory front-line, high-risk health care workers of any age who provide direct in-person patient care
    • All staff who are in direct contact with patients (i.e., intake staff)
    • All front-line, high-risk public health workers who have direct contact with patients, including those conducting COVID-19 tests, handling COVID-19 specimens and COVID-19 vaccinations
    • This includes, but is not limited to,
    • Doctors who work in private medical practices and their staff 
    • Doctors who work in hospital-affiliated medical practices and their staff
    • Doctors who work in public health clinics and their staff
    • Registered Nurses
    • Specialty medical practices of all types
    • Dentists and Orthodontists and their staff
    • Psychiatrists and Psychologists and their staff
    • Physical Therapists and their staff
    • Optometrists and their staff
    • Pharmacists and Pharmacy Aides
    • Home care workers
    • Hospice workers
    • Staff of nursing homes/skilled nursing facilities who did not receive COVID vaccination through the Pharmacy Partnership for Long-Term Care Program
  • Beginning January 11, 2021:
    • Individuals Age 65 and older
    • First Responder and Support Staff for First Responder Agencies
    • Fire Service
    • State Fire Service, including firefighters and investigators (professional and volunteer)
    • Local Fire Services, including firefighters and investigators (professional and volunteer)
    • Police and Investigators
    • State Police, including Troopers
    • State Park Police, DEC Police, Forest Rangers
    • SUNY Police
    • Sheriffs’ Offices
    • County Police Departments and Police Districts
    • City, Town, and Village Police Departments
    • Transit of other Public Authority Police Departments
    • State Field Investigators, including Department of Motor Vehicles, State Commission of Correction, Justice Center, Department of Financial Services, Inspector General, Department of Tax and Finance, Office of Children and Family Services, and State Liquor Authority
    • Public Safety Communications
    • Emergency Communication and Public Safety Answering Point Personnel, including dispatchers and technicians
    • Other Sworn and Civilian Personnel
    • Court Officers
    • Other Police or Peace Officers
    • Support or Civilian Staff for any of the above services, agencies, or facilities
    • Corrections
    • State Department of Corrections and Community Supervision Personnel, including correction and parole officers
    • Local Correctional Facilities, including correction officers
    • Local Probation Departments, including probation officers
    • State Juvenile Detention and Rehabilitation Facilities
    • Local Juvenile Detention and Rehabilitation Facilities
    • In-person college instructors
    • P-12 Schools
    • P-12 school or school district faculty or staff (includes all teachers, substitute teachers, student teachers, school administrators, paraprofessional staff and support staff including bus drivers)
    • Contractors working in a P-12 school or school district (including contracted bus drivers)
    • Licensed, registered, approved or legally exempt group Childcare Providers
    • Exempt Childcare setting
    • Grocery store workers
    • Employees or Support Staff of Licensed or Registered Childcare Setting
    • Licensed, Registered, Approved or Legally Exempt Childcare Providers
    • Public Transit
    • Airline and airport employees
    • Passenger railroad employees
    • Subway and mass transit employees (i.e., MTA, LIRR, Metro North, NYC Transit, Upstate transit)
    • Ferry employees
    • Port Authority employees
    • Public bus employees
    • Individuals living in a homeless shelter where sleeping, bathing or eating accommodations must be shared with individuals and families who are not part of the same household
    • Individual working (paid or unpaid) in a homeless shelter where sleeping, bathing or eating accommodations must be shared by individuals and families who are not part of the same household, in a position where there is potential for interaction with shelter residents
  • Beginning February 15, 2021:
    • Adult New Yorkers of any age with the following conditions qualify for the vaccine:
    • Cancer (current or in remission, including 9/11-related cancers)
    • Chronic kidney disease
    • Pulmonary Disease, including but not limited to, COPD (chronic obstructive pulmonary disease), asthma (moderate-to-severe), pulmonary fibrosis, cystic fibrosis, and 9/11 related pulmonary diseases
    • Intellectual and Developmental Disabilities including Down Syndrome
    • Heart conditions, including but not limited to heart failure, coronary artery disease, cardiomyopathies, or hypertension (high blood pressure)
    • Immunocompromised state (weakened immune system) including but not limited to solid organ transplant or from blood or bone marrow transplant, immune deficiencies, HIV, use of corticosteroids, use of other immune weakening medicines, or other causes
    • Severe Obesity (BMI 40 kg/m2), Obesity (body mass index [BMI] of 30 kg/m2 or higher but < 40 kg/m2)
    • Pregnancy
    • Sickle cell disease or Thalassemia
    • Type 1 or 2 diabetes mellitus
    • Cerebrovascular disease (affects blood vessels and blood supply to the brain)
    • Neurologic conditions including but not limited to Alzheimer's Disease or dementia
    • Liver disease
  • Other phases not yet detailed

Relevant State and Local Laws/Regulations:

  • N/A

Enforcement Actions, Litigation, Other Legal Developments:

  • New York attorney general sues Amazon over "deficient" COVID-19 response (CNN, Feb. 17, 2021) available here: “New York Attorney General Letitia James sued Amazon on Tuesday, accusing the company of a “deficient” response to the pandemic in its workplace facilities.”
  • Attorney General James Issues Alert to Protect New Yorkers from Coronavirus Vaccine Scams (Dec. 28, 2020), available here: “New York Attorney General Letitia James today issued an alert to warn New Yorkers about potential scams offering early access to a coronavirus disease 2019 (COVID-19) vaccine.”
  • State will fine $1M for coronavirus vaccine fraud (ABC, Dec. 28, 2020), available here.

Provider Resources:

  • Provider information, available here.
  • Guidance for Providers, available here.

Additional Resources:

  • Sign up for daily COVID and Vaccine updates here
  • State COVID-19 Vaccine Tracker, available here.
  • List of New York State-operated vaccination locations and availability through April 16, available here.
  • New York’s Homeless, Foster and Jailed Teens Now Eligible for COVID Vaccine (The City, Feb. 23, 2021) available here: “New Yorkers 16 and older in juvenile detention, youth shelters and foster care facilities can now receive the COVID-19 vaccine, according to new guidance from the Cuomo administration.”
  • Some New Yorkers to be re-vaccinated due to improperly stored doses (WBRZ 2, Feb. 23, 2021) available here: “New York officials say some locals who already received their COVID-19 shots will have to be vaccinated again due to an error in storage of the potentially life-saving doses.”
  • Statement from Governor Andrew M. Cuomo on Vaccine Shipping Delays (Documented, Feb. 18, 2021) available here: “The Federal government has informed New York that nearly all COVID-19 vaccine doses allocated for Week 10 — which were scheduled to be delivered between February 12th and February 21st — are delayed due to the winter storms continuing to impact much of the country.”
  • Governor Cuomo Announces New Yorkers with Comorbidities and Underlying Conditions Can Make Appointments at State-Run Mass Vaccination Sites Beginning February 14 (Documented, Feb. 8, 2021) available here: “Governor Andrew M. Cuomo today announced that New Yorkers with comorbidities and underlying conditions can make appointments at state-run mass vaccination sites beginning February 14, with the first appointments scheduled for February 15.”
  • Cuomo Approves COVID-19 Vaccine for Food Delivery and Restaurant Workers (Documented, Feb. 5, 2021) available here: “New York restaurant and food delivery workers, including those who work for DoorDash and apps, will be able to make vaccination appointments.”
  • New York to Begin Vaccinating Older Prison Inmates (Spectrum News, Feb. 5, 2021) available here: “New York will begin to vaccinate older inmates, officials announced Thursday, hours after advocates filed a lawsuit.”
  • Governor Cuomo and Mayor de Blasio Announce Mass Vaccination Site at Yankee Stadium to Open Friday (Feb. 3, 2021) available here.
  • Governor Cuomo Announces Federal Vaccine Supply to Increase to 20 Percent for the Next Three Weeks (Feb. 2, 2021) available here: “The federal government has increased the weekly supply by 20 percent over the next three weeks, but New York's vast distribution network and large population of eligible individuals still far exceed the supply coming from the federal government.”
  • New York state to receive more than $450 million in advance FEMA aid for vaccine costs (NNY 360, Jan. 28,2021) available here: “New York state will receive early reimbursement from the federal government for COVID-19 vaccine distribution costs, with an advancement of more than $450 million in Federal Emergency Management Agency funds, Gov. Andrew Cuomo announced Tuesday.”
  • New York City COVID-19 vaccine supply doses falls to 7,700 (amNY, 01/26), available here. “New York City’s supply of on-hand COVID-19 vaccines has dropped to 7,700 doses, Mayor Bill de Blasio revealed Tuesday.”
  • New York to Ease Some Covid-19 Restrictions as Cases Decline (WSJ, Jan. 25, 2021), available here: “Gov. Andrew Cuomo says the state is loosening economic curbs imposed after Thanksgiving to respond to a holiday increase in cases.
  • New York receives additional 250K COVID-19 vaccines over the weekend (WNYT, Jan. 25, 2021), available here: “Over the weekend, his [Gov. Cuomo] office said the state received an additional 250,000 doses last week to add to its supply.”
  • Governor Cuomo Updates New Yorkers On State Vaccination Program (Jan. 23, 2021), available here: “Governor Andrew M. Cuomo today updated New Yorkers on the state’s vaccination program. The total week 6 federal allocation of vaccine delivery to providers will be complete today.”
  • New York State announces expanded deployment of community COVID-19 vaccination kits (WGRZ, Jan. 24, 2021), available here: “Cuomo says New York is expanding its deployment of community vaccination kits across the state to strengthen fairness, equity in the vaccine distribution process.”
  • Pfizer Will Ship Fewer Vaccine Vials to Account for ‘Extra’ Doses (NY Times, Jan. 22, 2021), available here: “After the surprise discovery of an extra dose in every vial, Pfizer executives successfully lobbied the F.D.A. to change the vaccine’s formal authorization language. The company charges by the dose.”
  • Guidance for  The New York State COVID-19 Vaccination Program (Jan. 19, 2021), available here.
  • Cuomo asks Pfizer to sell its COVID-19 vaccine directly to New York as the head of WHO warns of mounting inequities in vaccine distribution (Business Insider, Jan. 19, 2021), available here: “New York Gov. Andrew Cuomo on Monday called on the pharmaceutical company Pfizer to sell doses of its coronavirus vaccine directly to his state in the hope of accelerating a process that has languished in recent weeks. The proposal would require Pfizer to circumvent the federal government’s Operation Warp Speed[.]”
  • Cuomo Letter to Dr. Bourla (Pfizer CEO) (Jan. 18, 2021), available here.

North Carolina

State COVID-19 Webpage: Available here.

State Plan: Available here (Oct. 16, 2020).

Current Phase:

  • Group 1 and Group 2 (Group 3 scheduled to being Feb. 24)

Eligibility Criteria for Each Phase:

  • Group 1: Health care workers and long-term care staff and workers. Full list available here.
  • Group 2: Adults 65 and older. Full list available here.
  • Group 3: Frontline essential workers.
  • Group 4: Adults at high risk for exposure and increased risk of severe illness:
    • Anyone 16-64 years old with high-risk medical conditions that increase risk of severe disease from COVID-19 such as cancer, COPD, serious heart conditions, sickle cell disease, Type 2 diabetes, among others, regardless of living situation
    • Anyone who is incarcerated or living in other close group living settings who is not already vaccinated due to age, medical condition or job function
    • Essential workers not yet vaccinated. The CDC defines these as workers in transportation and logistics, water and wastewater, food service, shelter and housing (e.g., construction), finance (e.g., bank tellers), information technology and communications, energy, legal, media, public safety (e.g., engineers) and public health workers
      Full list available here.
  • Group 5: Everyone

Relevant State and Local Laws/Regulations:

  • N/A

Enforcement Actions, Litigation, Other Legal Developments:

  • Don't fall for scam promising to put you at the front of the COVID-19 vaccine waitlist (ABC 11, Feb. 2, 2021) available here: “Right now, scammers are trying to capitalize on those who want to get the COVID-19 vaccine. This scam starts with a random phone call, text, email, or ad claiming that for a fee, you go can straight to the top of the vaccine list.”

Provider Resources:

  • Provider information, available here.
  • Interim provider guidance, available here.
  • COVID-19 helpdesk, available here.
  • Provider training, available here.

Additional Resources:

  • Vaccine FAQs, available here
  • Vaccine tracking dashboard, available here
  • Vaccine information, available here
  • Find my vaccine, available here.
  • Teachers Can Start Signing Up for Coronavirus Vaccines Starting Monday (Spectrum News 1, Feb. 22, 2021) available here: “Starting Monday, educators and school personnel are eligible to sign up for COVID-19 vaccinations.”
  • Weather Continues to Hamper COVID-19 Vaccine Shipments (Documented, Feb. 19, 2021) available here: “Vaccine providers in North Carolina and across the nation continued to be hampered by delayed shipments and deliveries of COVID-19 vaccines due to severe weather.”
  • Severe Weather Causes Delay in COVID-19 Vaccine Shipments (Documented, Feb. 18, 2021) available here: “The North Carolina Department of Health and Human Services has been notified by the federal government of continued delays in some shipments and deliveries of COVID-19 vaccine this week due to severe weather.”
  • North Carolina shifts policy on out-of-staters getting COVID-19 vaccine (News 13, Feb. 16, 2021) available here: “In a statement sent to WBTW affiliate, WNCN in Raleigh, the North Carolina Department of Health and Human Services said clinics are allowed to turn away anyone trying to get a vaccine in the state who does not live, work, or receive health care in North Carolina.”
  • Feb.12, 2021 Vaccine Update, available here.
  • NC shifting policy on vaccines for visitors from out of state (WRAL.com, Feb. 16, 2021) available here: “The state has shifted its policy on vaccinating people from across state lines, saying vaccine providers no longer have to offer COVID-19 inoculations to people who don't live, work or spend "significant time" in North Carolina.”
  • Transylvania not entering Phase 3 of COVID-19 vaccine until 10,000 seniors get first dose (ABC 13, Feb. 12, 2021) available here: “Transylvania County is rejecting going into Phase 3 of the N.C. Department of Health and Human Services COVID-19 vaccine rollout plan.”
  • Gov. Cooper Outlines Timeline on Group 3 COVID-19 Vaccine Prioritization (Feb. 10, 2021) available here: “Educators, school personnel and child care workers will be eligible for COVID-19 vaccine beginning Feb. 24 . . . .”
  • N.C. senators OK bill to force schools to reopen (AP, Feb. 9, 2021) available here: “North Carolina state senators have approved a bill that would require K-12 public schools to reopen with at least partial in-person instruction for the state’s 1.5 million pupils.”
  • Strong, Resilient, Ready: Governor Cooper Proposes Emergency Budget Supplement to Turn Corner on COVID-19 and Invest in a Stronger Future for NC (Feb. 4, 2021) available here.
  • COVID-19 County Alert System (Jan. 21, 2021), download available here
  • Executive Order No. 191, available here: “Further extends until March 31, 2021, North Carolina’s moratorium on evictions for non-payment of rent”
  • Executive Order No. 189, available here: “Further extends the modfied stay at home order until at least Feb. 28, 2021”
  • How to figure out when you can get a COVID-19 vaccine in North Carolina (WCNC, Jan. 25, 2021), available here: “North Carolina Department of Health and Human Services launched a new tool to help residents determine when they will be eligible to receive a vaccine.”
  • New COVID-19 testing sites open in Raleigh, Garner on Monday (ABC 11, Jan. 25, 2021), available here: “A newly-conceived mass vaccination site in Durham will be able to vaccinate as many as 45,000 people per week.”
  • 1,280 COVID-19 vaccine doses wasted, North Carolina health officials say (ABC 13, Jan. 23, 2021), available here: “North Carolina's Department of Health and Human Services said on Friday that the state has seen 1,280 of its coronavirus vaccine doses get discarded.”

North Dakota

State COVID-19 Webpage: Available here.

State Plan:

  • Available here (Dec. 2020).

Current Phase:

  • Phase 1B

Eligibility Criteria for Each Phase:

  • Phase 1A
    • Health care workers in direct contact with COVID-19
    • First responders
    • Long-term care residents and staff
  • Phase 1B (in order of priority):
    • Persons age 75 and older
    • Persons age 65 – 74 with two or more high-risk medical conditions
    • Staff and persons living in other congregate settings (i.e., corrections, group homes, treatment centers, homeless shelters, etc.)
    • Persons age 65 and older with one or more high-risk medical conditions
    • Persons age 65 and older with or without high-risk medical conditions
    • Persons with two or more high-risk medical conditions * regardless of age
    • Child care workers
    • Workers employed by preschools or Kindergarten through 12th grade: Teachers, nutritional services, aides, bus drivers, principals, administrative staff, custodians, etc.
  • Phase 1C (in order of priority):
    • National Guard, not previously covered
    • Workers enabling access to human food (i.e., grocery workers), not including restaurant workers
    • Public safety answering points (911)
    • Manufacturing related to the development or supply of COVID-19 vaccine
    • Other healthcare/public health workers not included in phase 1A
    • Free standing clinical laundries
    • Public transit, including bus, taxi, ride-share
    • Persons age 16 – 64 with one or more high-risk medical conditions
    • Blood bank workers not previously vaccinated
    • Information Technology
    • All other essential workers per Cybersecurity and Infrastructure Security Agency (CISA)
  • Further phases not yet detailed. Distribution Plan, which includes more detail on Phases 1A-C available here (Dec. 31, 2020)

Relevant State and Local Laws/Regulations:

  • N/A

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • Guidance for Health Care Providers, available here.

Additional Resources:

  • North Dakota COVID-19 Vaccine Locator, available here.
  • State tracking dashboard, available here.
  • Priority Groups page, available here.
  • COVID-19 vaccinations commence at DOCR facilities (Documented, Feb. 23, 2021) available here: “The North Dakota Department of Corrections and Rehabilitation (ND DOCR) has commenced COVID-19 vaccinations for staff and residents at each facility, including the Dakota Women’s Correctional and Rehabilitation Center (DWCRC) in New England.”
  • 'Crippling' scarcity of COVID-19 vaccine hampers rollout in North Dakota, Minnesota (INFORUM, Jan. 26, 2021), available here. “The rollout of vaccines to protect against the highly contagious coronavirus is hampered by limited supplies of vaccine, with North Dakota receiving fewer than 10,000 doses per week.”

Ohio

State COVID-19 Webpage: Available here.

State Plan: Yes, available here (Oct. 16, 2020)

Current Phase: Phase 1B

  • Vaccinations in Phase 1B are expected to begin the week of January 19. Governor DeWine announced a tiered system for offering vaccinations to the estimated 2.2 million people who are eligible for the vaccine under this phase, beginning with those who are 80 or older. When a new age group begins, vaccinations may not be complete for the previous age group. It will take a number of weeks to distribute all of the vaccine given the limited doses available. 
    • The week of Jan. 19: Ohioans 80 years of age and older.
    • The week of Jan. 25: Ohioans 75 years of age and older; those with severe congenital or developmental disorders.
    • The week of Feb. 1: Ohioans 70 years of age and older; employees of K-12 schools that wish to remain or return to in-person or hybrid models.
    • The week of Feb. 8: Ohioans 65 years of age and older.

Eligibility Criteria for Each Phase:

  • Phase 1A: During Phase 1A, which began December 14, 2020, priority was given to vulnerable individuals who live in close proximity and those who care for them:
    • Healthcare workers and personnel who are routinely involved in the care of COVID-19 patients.
    • Residents and staff in nursing homes.
    • Residents and staff in assisted living facilities.
    • Patients and staff at state psychiatric hospitals.
    • People with developmental disabilities and those with mental health disorders, including substance use disorders, who live in group homes, residential facilities, or centers, and staff at those locations.
    • Residents and staff at our two state-run homes for Ohio veterans.
    • EMS responders.
  • Phase 1B:
    • Ohioans, age 65 and up.
    • Ohioans with severe congenital, developmental, or early onset medical disorders that make them particularly vulnerable. This includes cerebral palsy; spina bifida; congenital heart disease; type 1 diabetes; inherited metabolic disorders; severe neurological disorders, including epilepsy; severe genetic disorders, including Down syndrome, fragile X syndrome, Prader-Willi syndrome, and Turner syndrome; severe lung disease, including cystic fibrosis and severe asthma; sickle cell anemia; and alpha and beta thalassemia.
    • Adults/employees in K-12 schools that want to go back, or to remain, educating in person.
  • Future Phases: The vaccine distribution plan for future priority populations are still under development and will be shared publicly once finalized.

Relevant State and Local Laws/Regulations:

  • N/A

Enforcement Actions, Litigation, Other Legal Developments:

  • Columbus provider suspended over potential COVID-19 vaccine mishandling (NBC 4, Jan. 20, 2021), available here: “A Columbus vaccine provider was suspended by the Ohio Department of Health, accused of failing to monitor the temperature at which COVID-19 vaccine doses were held.”

Provider Resources:

  • Provider Resources, available here.

Additional Resources:

  • FAQs available here.
  • Priority Populations and Vaccine Distribution Fact Sheet available here.
  • Gov. DeWine’s comments on Vaccine Equity (Feb. 2, 2021), available here.
  • COVID-19 Update: Vaccine Maintenance Program, Nursing Home Visitation, Phase 1B Medical Conditions (Documented, Feb. 18, 2021) available here: “Ohio Governor Mike DeWine and Lt. Governor Jon Husted today provided the following updates on Ohio's response to the COVID-19 pandemic.”
  • Petition circulating for Ohio's early childhood educators to get COVID vaccine in Phase 1B (ABC 6, Jan. 27, 2021) available here: “While the CDC recommends "childcare" and "daycare" workers to be included in Phase 1B of the vaccine rollout plan, they're not included in Ohio's.”
  • COVID-19 vaccine in Ohio: frequently asked questions (FOX 8, Jan. 26, 2021), available here: “It’s been a little more than a month since distribution of the COVID-19 vaccines began in the United States and a lot of questions remain.”
  • Gov. DeWine announces COVID-19 vaccines will be given to Ohio's school employees starting this week (WKYC-TV, Jan. 26, 2021), available here: “128 Summit and Medina County schools are included in the first round of districts eligible for vaccinations.”
  • Made to sign up to receive marketing ads to get the COVID-19 vaccine? Some say that’s not right (19 News, Jan. 25, 2021), available here: “Getting a COVID-19 shot is proving to be a challenge. Many people are having to call multiple times or stay on the lines sometimes for hours. Add to that, now you’re being asked to receive ads before you can complete the process. Some customers of Acme Fresh Market say that’s a bit much.”
  • Coronavirus vaccinations available for 75 and up in Ohio (Jan. 25, 2021), available here: “People who are 75 and up in Ohio or who have severe congenital, developmental, or early-onset medical disorders are eligible to receive the COVID-19 vaccine starting Monday.”
  • Gov. Mike DeWine: Ohio's COVID-19 vaccine rollout might slow down due to supply (Cincinnati Enquirer, Jan. 19, 2021), available here: “Ohio's slow rollout of COVID-19 vaccines isn't speeding up anytime soon. On Tuesday, Gov. Mike DeWine announced that some adults with severe congenital, developmental or early-onset medical disorders will have to wait another three weeks for COVID-19 vaccines. The state is prioritizing people with intellectual or developmental disabilities and at-risk of COVID-19 complications first. Those individuals will have access to the COVID-19 vaccine starting next week through local boards of developmental disabilities. Those who are at-risk of COVID-19 complications but do not have an intellectual or developmental disability will have access to the COVID-19 vaccines starting Feb. 15.”

Oklahoma

State COVID-19 Webpage: Available here

State Plan: Executive summary available here (Oct. 20, 2020); Working Draft of Full Plan available here; COVID-19 Vaccine Priority Population Framework for Oklahoma available here

Current Phase: Phase 2

Eligibility Criteria for Each Phase:

  • Phase 1:
    • Long Term Care residents and staff served by the federal LTC Pharmacy Partnership Program (To be fulfilled per the federal allocation plan and distribution methods carried out via CVS and Walgreens to facilities certified by the Centers for Medicare and Medicaid Services. Non-CMS facilities served by the state allocation plan.)
      • Plan A – Nursing homes, skilled nursing facilities, long-term care facilities
      • Plan B – Assisted Living, Intermediate Care Facilities, Group Homes
      • CVS and Walgreens staff administering COVID vaccine to the LTC residents and staff
    • Health care workers providing direct inpatient care, including but not limited to Emergency Rooms, hospitals, Intensive Care Units, and other workers inherent to the care of patients as determined by the inpatient facility (e.g. janitorial, food service, etc.).
    • Public health staff conducting front line COVID-19 pandemic mitigation and control activities (including but not limited to nurses administering COVID vaccine, public and private lab personnel processing COVID specimens, and other public health staff inherent to the COVID testing/vaccine process with direct contact with the public).
    • Workers in public health settings who either work in situations where risk of transmission is high, who themselves are unable to avoid exposure to the virus, and who play a critical role in ensuring that those with or suspected of COVID are able to be served by the public health system.
    • Oklahoma, state licensed, Emergency Medical Technicians and Paramedics.
  • Phase 2:
    • First responders, paid and unpaid (including but not limited to, fire departments, law enforcement, homeland security, emergency managers, and medical examiners).
    • Health care workers providing direct, COVID outpatient care and services, who through the course of their daily roles are not able to maintain social distancing, including but not limited to:
      • Workers providing care primarily for adults 65 and older, and/or adults of any age with comorbidities
      • Workers directly treating or screening for COVID-19
      • Workers in high-risk outpatient settings such as those performing aerosolized procedures or close examinations of the nasopharynx, dentists, speech-language pathologists, etc.
      • Workers in urgent care, outpatient facilities, primary care, federally qualified health centers, community health centers, rural health centers, pharmacies (not involved in the federal allocation plan), home health, hospice, rehabilitation services, occupational/physical therapy, etc.
      • Death care workers, involved in the handling of deceased COVID-19 persons
    • Adults age 65 and older, and adults of any age with comorbidities.
    • Teachers and staff in Pre-K-12 schools and educational settings.
    • Staff and residents in congregate locations and worksites including but not limited to:
      • Homeless shelters
      • Public and private, state and municipal prisons/jails, not including those facilities served by the
      • Federal Bureau of Prisons and involved in the federal allocation plan
      • Certain manufacturing facilities with limited social distancing capacity who are critical to the
      • maintenance of the food supply
      • Public transit systems that do not allow for appropriate social distancing
      • Public health staff supporting front line efforts, senior state, county, and city government leaders and elected officials critical to maintain continuity of governmental operations and services.
  • Phase 3 (Anticipated initiation to be determined when future federal vaccine production outlays are known):
    • Teachers, students, residents and administrative staff in educational settings outside PreK-12, including but not limited to: Childcare facilities, early childhood facilities, colleges, universities, career/vocational technology centers, and other post-secondary institutions as may be eligible for the vaccine (e.g. if the vaccine is approved for appropriate ages)
    • Critical infrastructure personnel ("essential business/industry" personnel) as specified in the Governor's 3rd executive order.
  • Phase 4 (Anticipated initiation to be determined when future federal vaccine production outlays are known):
    • Open to all Oklahoma residents.

Relevant State and Local Laws/Regulations:

  • N/A

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • Provider vaccine requirements, available here.

Additional Resources:

  • Vaccine Priority Framework (Vaccine Distribution Plan) available here.
  • State Update Hub available here.
  • Vaccine Scheduling Portal available here.
  • Inclement Weather Updates, available here.
  • Pathway to Second Dose, available here.
  • Despite high marks in distribution, minorities lag in COVID-19 vaccine access in Oklahoma (Tulsa World, Jan. 31, 2021) available here: “Despite Oklahoma ranking near the top 10 in coronavirus vaccine distribution across the country, early data have shown disparities in who is getting the in-demand inoculations.”
  • How to get your second coronavirus vaccine in Oklahoma (The Oklahoman, Jan. 23, 2021), available here: “If you are one of the 230,000 Oklahomans who have received a first COVID-19 vaccine inoculation, congratulations, but your COVID-19 vaccine journey is only halfway complete. In some ways, scheduling a COVID-19 vaccine can seem more complicated the second time around.”
  • Oklahoma to Target Minority Communities for Virus Vaccines (US News, Jan. 23, 2021), available here: “Oklahoma health officials say they plan to work with retailers and faith leaders in minority communities to ensure equitable access to COVID-19 vaccines.”

Oregon

State COVID-19 Webpage: Available here.

State Plan: Available here (Nov. 6, 2020).

Current Phase:

  • Phase 1A, Groups 1-4 and Phase 1B, Groups 1,2, 3, and 4 (as of Feb. 22, 2021)

Eligibility Criteria for Each Phase:

  • Phase 1A:
    • Group 1:
      • Hospital staff with frontline patient care responsibilities
      • Urgent care
      • Skilled nursing and memory care facility healthcare personnel (HCP) and residents
      • Tribal health programs
      • Emergency medical services (EMS) providers and other first responders
      • All health care interpreters and traditional health workers in any setting within Phase 1A
    • Group 2:
      • Other long-term care facilities, including all paid and unpaid HCP, all staff and contractors, including residents who meet the age requirements of:
        • Residential care facilities
        • Adult foster care
        • Group homes for people with intellectual and developmental disabilities
        • Other similar congregate care sites
      • Hospice programs
      • Mobile crisis care and related services
      • Individuals working in a correctional setting
    • Group 3:
      • HCPs in outpatient settings serving specific high-risk groups
      • Day treatment services
      • Non-emergency medical transport (NEMT)
      • Paid or unpaid caregivers (including parents or foster parents) of medically fragile children or adults who live at home
      • Adults and age-eligible children who have a medical condition or disability who receive services in their homes
    • Group 4:
      • All other outpatient HCPs
      • Other HCP who provide direct service to people with I/DD and other high-risk populations.
      • Other public health settings, such as HCP serving WIC, or CBO's with direct or indirect exposures
  • Phase 1B:
    • Group 1: Childcare providers, early learning and K-12 educators and staff (eligible Jan. 25, 2021)
      • Note: Educators and staff in public and private school settings will be contacted by their respective school district about scheduling a vaccination.
    • Group 2: People 80 and older (eligible Feb. 8, 2021)
    • Group 3: People 75 or older (eligible Feb. 15, 2021)
    • Group 4: People 70 or older (eligible Feb. 22, 2021)
    • Group 5: People 65 and older (eligible March 1, 2021)
  • Subsequent groups to be determined

Relevant State and Local Laws/Regulations:

  • N/A

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • Vaccine information for providers available here.
  • Instructions to enroll as a vaccine provider available here.
  • Providers who are enrolled as COVID-19 providers can contact LPHA and regional health systems to coordinate vaccine administration efforts. Providers can also contact OHA to request vaccine inventory: VaccineRequest@dhsoha.state.or.us.
  • Questions about enrolling as a COVID-19 vaccination provider: Email Vaccine.ProviderEnroll@dhsoha.state.or.us
  • Questions about accessing COVID-19 immunizations or other issues: Email ORCOVID@211info.org

Additional Resources:

  • Vaccine information by county, available here.
  • Distribution Plan, available here.
  • Phase 1a vaccine sequencing plan update (Jan .5, 2021), available here.

Pennsylvania

State COVID-19 Webpage:  Available here.  (*Note – Philadelphia County is a separate vaccine jurisdiction and has their own information about vaccine distribution, available here)

State Plan: Available here (Jan. 19, 2021).

Current Phase:

  • Phase 1A

Eligibility Criteria for Each Phase:

  • Phase 1A:
    • Long-term care facility residents
    • Health care personnel including, but not limited to:
    • Emergency medical service personnel
    • Nurses
    • Nursing assistants
    • Physicians
    • Dentists
    • Dental hygienists
    • Chiropractors
    • Therapists
    • Phlebotomists
    • Pharmacists
    • Technicians
    • Pharmacy technicians
    • Health professions students and trainees
    • Direct support professionals
    • Clinical personnel in school settings or correctional facilities
    • Contractual HCP not directly employed by the health care facility
    • Persons not directly involved in patient care but potentially exposed to infectious material that can transmit disease among or from health care personnel and patients
    • Persons ages 65 and older
    • Persons ages 16-64 with high-risk conditions:
      • Cancer
      • Chronic kidney disease
      • COPD
      • Down Syndrome
      • Heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies
      • Immunocompromised state (weakened immune system) from solid organ transplant or from blood or bone marrow transplant, immune deficiencies, HIV, use of corticosteroids, or use of other immune weakening medicines
      • Obesity (body mass index [BMI] of 30 kg/m2 or higher but < 40 kg/m2)
      • Severe Obesity (BMI ≥ 40 kg/m2)
      • Pregnancy
      • Sickle cell disease
      • Smoking
      • Type 2 diabetes mellitus
  • Phase 1B:
    • People in congregate settings not otherwise specified as long-term care facilities, and persons receiving home and community-based services
    • First responders
    • Correctional officers and other workers serving people in congregate care settings not included in Phase 1A
    • Food and agricultural workers
    • U.S. Postal Service workers
    • Manufacturing workers
    • Grocery store workers
    • Education workers
    • Clergy and other essential support for houses of worship
    • Public transit workers
    • Individuals caring for children or adults in early childhood and adult day programs
  • Phase 1C —Essential workers in these sectors:
    • Transportation and logistics
    • Water and wastewater
    • Food service
    • Housing construction
    • Finance, including bank tellers
    • Information technology
    • Communications
    • Energy, including nuclear reactors
    • Legal services
    • Federal, state, county and local government workers, including county election workers, elected officials and members of the judiciary and their staff
    • Media
    • Public safety
    • Public health workers
  • Phase 2:
    • ​All individuals not previously covered who are 16 and older and do not have a contraindication to the vaccine (note that at this time, only the Pfizer-BioNTech product is approved for those age 16 and 17)

Relevant State and Local Laws/Regulations:

  • N/A

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • Pennsylvania COVID-19 Vaccine Providers website available here.
  • Questions from providers may be directed to: ra-dhcovidvax@pa.gov or 717-787-5681

Additional Resources:

  • Philadelphia let ‘college kids’ distribute vaccines. The result was a ‘disaster,’ volunteers say (Washington Post, Jan. 27, 2021), available here: “Philadelphia is home to some of the most venerated medical institutions in the country. Yet when it came time to set up the city’s first and largest coronavirus mass vaccination site, officials turned to the start-up Philly Fighting COVID, a self-described “group of college kids” with minimal health-care experience.”
  • How Did Philly Vet ‘Philly Fighting COVID' Group Before Giving It 1,000s of Vaccines? (NBC Philadelphia, Jan. 26, 2021), available here: “An organization called Philly Fighting COVID that was run by a 22-year-old Drexel University researcher received 6,950 doses of the coronavirus vaccine from the City of Philadelphia before the city abruptly ended the relationship Monday. The partnership's termination came after the city was alerted by media reports that Philly Fighting COVID had become a for-profit business. There were concerns that the business, founded by Andrei Doroshin, could sell data provided by people seeking the vaccine.”
  • Vaccine FAQs available here.
  • Vaccine eligibility quiz available here.

Rhode Island

State COVID-19 Webpage:  Available here.

State Plan: Available here (Oct. 16, 2020).

Current Phase:

  • Phase 1 (Beginning Monday, February 22, people 65 and older are eligible to make a vaccination appointment.)

Eligibility Criteria for Each Phase:

  • Phase 1:
    • Hospital Staff, EMS, Home Health and Hospice Workers at Licensed Agencies, Nursing Home Staff and Residents (Started Dec. 14, 2020, vaccinating first and second dose)
    • COVID Vaccinators, Community Health Center Staff, COVID Specimen Collectors, Urgent Care Clinic Staff, Respiratory Clinic Staff (including clinical settings swabbing for COVID-19), Pharmacists, Corrections Medical Staff and Mental Health Workers, High-Risk Incarcerated Persons (65 and older, immunocompromised, or other high-risk factors), Other Long-Term Care Facility Staff and Residents (e.g., group homes that include individuals 65 and older, assisted living, elderly housing with residential services) (Started January, vaccinating first and second dose)
    • Firefighters; Law Enforcement; Residents of Central Falls and Other Targeted High-Density Communities (determined based on a combination of socioeconomic, COVID-19, and CDC Social Vulnerability Index data); COVID Testing Lab Staff; Other Public Health and Emergency Preparedness Workers; School Nurse Teachers; Harm Reduction Staff; Patient-Facing Clinical Students; Community and Family Caregivers Enrolled in the Independent Provider or Personal Choice Programs, and the Shared Living Program; Corrections Officers/Staff (Started January, started vaccinating first dose)
    • Providers and Staff: in Dental, Primary Care, Dialysis Centers, and Other Outpatient Settings; in DCYF High-Risk Congregate Settings; Who Provide In-Person Services for Adults who Live with a Mental Health Condition, Substance Use Disorder, and/or a Developmental Disability; Who Conduct Blood, Organ, and Tissue Donation; and Who Serve as Morticians, Funeral Home Workers, Other Death Care Professionals; Adults Living in Group Homes for People with Mental Health Conditions, Substance Use Disorder, and/or a Developmental Disability; Licensed Healthcare Workers Providing In-Home Care (Started January, started vaccinating first dose)
    • Adults ages 75 or older (Limited pilot program for ages 75+ in place January 30-February 3 in certain municipalities. Vaccination for this group began state-wide in early February 2021.)
    • Beginning Monday, February 22, people 65 and older are eligible to make a vaccination appointment.
  • Further phases not defined.
    • Vaccination for those 16 to 64 with underlying health conditions will likely begin mid-March 2021. Look here for eligible health conditions.
    • Vaccination for ages 50-59 will likely begin early to mid-April 2021.
    • Vaccination for ages 40-49 will likely begin mid- to late-May 2021.
    • Vaccination for ages 16-39 will likely begin in early June 2021.

Relevant State and Local Laws/Regulations:

COVID-19 Emergency Alert from the state of Rhode Island (available here as of Feb. 11): “RIDOH has not launched a public vaccination signup website. As part of the rollout of vaccine to outpatient healthcare providers, RIDOH is sending registration links to eligible people to register for their vaccination appointment. Unfortunately, it has come to RIDOH’s attention that these links are being shared. People who are not eligible for vaccination will not be able to gain access to a vaccination clinic. Anyone reporting to an outpatient provider vaccination clinic will have to show ID and verification of employment and will be turned away if their name does not match a preapproved list. While this dose of vaccine will be stored safely and used for the next vaccination event, unauthorized sharing of registration links denies an eligible healthcare worker the opportunity to be vaccinated that day and delays the rollout of vaccine to all Rhode Islanders.”

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • Resource Page for Providers available here.
  • All organizations and providers that want to administer COVID-19 vaccine must be enrolled as State-Supplied Vaccine (SSV) providers for the 7/1/2020 - 6/30/2021 calendar year. If you are not currently enrolled in the SSV program, contact Heidi Wallace at heidi.wallace@health.ri.gov.

Additional Resources:

  • Rhode Island COVID-19 Vaccination Update (Jan. 29. 2021), available here.
  • Week of January 18: Who is Getting Vaccinated? 
  • Data page available here.
  • Vaccine Phase 1 Timeline available here.

South Carolina

State COVID-19 Webpage: Available here.

State Plan: Appendix A is available here (Jan. 16, 2021).

Current Phase:

  • Phase 1A

Eligibility Criteria for Each Phase:

  • Phase 1A:
    • Healthcare workers (includes home health and hospice workers, dentists and dental hygienists/assistants, pharmacists and more)
    • LTCF residents and staff
    • Admitted hospital patients, aged 65+
    • 70+ with or without underlying health conditions
    • COVID-19 vaccine/testing mission-critical state/local government employees
  • Phase 1B:
    • Frontline essential workers: includes law enforcement officers, corrections officers, manufacturing workers, grocery store workers, teachers, daycare workers, and more
    • Tentatively scheduled to begin in early Spring
  • Phase 1C:
    • Essential workers continued: including transportation and logistics, food service, public safety, non-frontline healthcare workers
    • 65+ with or without underlying health conditions
    • 16-64 with underlying health conditions
    • Tentatively scheduled to begin in late Spring
  • Phase 2:
    • All people who wish to be vaccinated
    • Widespread availability
    • Tentatively scheduled to begin Summer--Fall

Relevant State and Local Laws/Regulations:

  • Amended Joint Order of the South Carolina Department of Health and Environmental Control & the South Carolina Department of Labor, Licensing and Regulation – Boards of Medical Examiners and Nursing, and Dentistry, available here (Jan. 15, 2021) [expanding list of persons qualified to administer COVID-19 vaccines]
  • State Immunization Program website, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • Guidance for healthcare professionals is available here.
  • Vaccine provider enrollment is available here.
  • Providers can email VAMS@dhec.sc.gov with questions.
  • COVID-19 Vaccination Program Provider Enrollment FAQs are available here.

Additional Resources:

  • SC seniors line up for support after challenging start to vaccine registration (News 19, Jan. 18, 2021), available here: “Richland County leaders held a vaccine registration event for seniors after many reported challenges scheduling online.”
  • SC Hospital Association: Hospitals will receive ‘significantly less’ COVID-19 vaccine next week (WIS News10, Jan. 15, 2021) , available here: “South Carolina hospitals will be getting “significantly less” COVID-19 vaccines next week, according to officials with the South Carolina Hospital Association. According to SCHA officials, they were told Friday morning by the state Department of Health and Environmental Control that the quantity would be less than hospitals requested and will be receiving only a quarter of the initial doses requested from DHEC.”
  • Officials tackle vaccine challenges as SC faces new COVID-19 records (WSAV, Jan. 15, 2021) , available here: “To speed up the process, DHEC and the labor department issued an order expanding the number of medical professionals allowed to administer the vaccine. This means some medical students, retired nurses and others are now authorized to give pre-measured shots.”
  • State Vaccine Allocation Phase 1a Guidelines, available here (Jan. 11, 2021).
  • COVID-19 Vaccination FAQs, available here.
  • COVID-19 Vaccine Allocations in South Carolina, available here.
  • South Carolina Vaccine Advisory Committee, available here.

South Dakota

State COVID-19 Webpage: Available here.

State Plan: Available here (Dec. 14, 2020).

Current Phase:

  • Phase 1D – First Group (including those 65 and older)

Eligibility Criteria for Each Phase:

  • Phase 1A:
    • Frontline Healthcare Workers (working in an emergency department, ICU, COVID unit, or general acute care)
    • Long-Term Care Facility Healthcare Workers
  • Phase 1B:
    • Long-Term Care Residents (nursing home and assisted living)
  • Phase 1C:
    • Other Healthcare Workers, including laboratory and clinic staff
    • Public Health Workers
    • Emergency Medical Services
    • Law Enforcement
    • Correctional Officers
  • Phase 1D (first group):
    • Persons Aged 65 Years and Older (starting Feb. 22 2021)
    • High Risk Patients – dialysis, post-transplant, and active cancer
    • High Risk Residents in Congregate Settings, Residents in Licensed Independent Living Facilities, and Residents of Licensed Group Homes
  • Phase 1D (second group):
    • Persons with 2 or More Underlying Medical Conditions
    • Teachers and Other School/College Staff
    • Funeral Service Workers
  • Phase 1E:
    • Fire Service Personnel
    • Other Critical Infrastructure Workers, including water and wastewater, energy, finance, food service, food and agriculture, legal, manufacturing, shelter and housing, transportation and logistics, information technology and communications
  • Phase 2:
    • All others 16 years and older

Relevant State and Local Laws/Regulations:

  • “South Dakota House Bill aims to limit liability for COVID-19 exposure,” (Jan. 13, 2021), available here.
  • South Dakota House Bill 1046 (Enacted Feb. 18, 2021), available here.
    • Overview: The South Dakota governor has signed into law a bill limiting liability for various entities arising from COVID-19. The law provides significant tort immunity for healthcare providers and manufacturers/distributors of personal protective equipment and medications to treat COVID-19, among other things. South Dakota is the latest state to enact such a law.
      • Protection for Healthcare Providers: The law grants healthcare providers with immunity from tort liability for treating people for COVID-19, postponing nonurgent or elective services, and any acts or omissions as the result of understaffing or supplies shortages.
        • Notably, the liability shield does not extend to instances of gross negligence, recklessness, or willful misconduct.
      • Protection for Manufacturers & Distributors: The law grants immunity from products liability suits for those who design, manufacture, label, sell, distribute, or donate disinfectants, personal protective equipment, or other “qualified product.” Such “qualified products” include:
        • Medical devices, equipment, and supplies to treat COVID-19, including those “that are used or modified for an unapproved use” to treat and prevent COVID-19. This includes devices “used outside of their normal use.”
        • Medications used to treat COVID-19, including “medications prescribed or dispensed for off-label use.”
        • Tests designed to “diagnose or determine immunity to COVID-19.”
      • Similarly, the tort immunity for manufacturers and distributors does not extend to instances of gross negligence, recklessness, or willful misconduct.
  • State Immunization Program website, available here

Enforcement Actions, Litigation, Other Legal Developments:

  • Health Department wants COVID-19 exposure law in South Dakota made permanent (Sioux Falls Argus Leader, Feb. 3, 2021), available here: “Since the start of the COVID-19 pandemic, 10 South Dakotans have been issued public health notices for not isolating while infected with the disease. And state health officials are asking legislators to make permanent a law that temporarily allows the use of the courts to force someone known to be carrying the virus to quarantine.”
  • South Dakota Latest State to Enact Virus Liability Shield Law (Bloomberg Law, Feb. 18, 2021), available here: “The new law also sets a higher-than-usual legal bar for litigation related to Covid-19 against health-care providers and makers of health-care supplies, medications, and personal protective equipment.”

Provider Resources:

  • Vaccine Information for Healthcare Providers, South Dakota Department of Health, available here.

Additional Resources:

  • South Dakota Department of Health Vaccine Group Identification Tool, available here.
  • Questions Swirl Around Who Qualifies Next to Get COVID-19 Vaccine in S.D. (South Dakota News Watch, Jan. 21, 2021), available here: “As of mid-January, the state and medical providers had not developed concrete plans on how to determine who qualifies in the Phase 1D subgroup of patients with two or more underlying conditions.”
  • State Vaccine Allocation Guidelines, available here (Feb. 3, 2021)
  • COVID-19 Vaccination FAQs (Dec. 16, 2020), available here

Tennessee

State COVID-19 Webpage: Available here.

State Plan: Available here (Feb. 16, 2021).

Current Phase:

  • Phase 1a1, 1a2, 1b, 65 years and older

Eligibility Criteria for Each Phase:

  • Phase 1a1:
    • Inpatient health care workers
    • Other health care workers with high-risk exposure to COVID-19
    • Residents and staff members of long-term health care facilities
    • At-home health care staff
    • First responders, corrections officers, and jailers
    • People age 18 and over who are not able to live independently due to health care conditions or developmental or intellectual disability
  • Phase 1a2:
    • All other health care workers
    • Funeral home and mortuary service workers
  • Phase 1b:
    • School and childcare facility workers
    • First responder agency administrative service workers
  • Phase 1c:
    • People age 16 and older who have high-risk health conditions
    • People who are technologically-dependent (e.g., ventilator-dependent or wheelchair-bound due to high-risk health conditions) and their caregivers/household residents, if the person is under 16
    • Caregivers and household residents of children under 16 who: (1) are immunocompromised; (2) require ongoing medical treatment for complex congenital heart disease; or (3) qualify for the Katie Beckett waiver
  • Phase 2a:
    • Critical infrastructure workers, including social services, commercial agriculture and food production, administrative correctional staff, and public transit
  • Phase 2b:
    • Critical infrastructure workers, including commercial transportation, public infrastructure, telecommunications, and utilities
  • Phase 3:
    • People in congregate living facilities
    • Grocery store workers
    • People in correctional facilities

Relevant State and Local Laws/Regulations:

  • Executive Order No. 68 An Order to Facilitate the Continued Response to COVID-19 by Increasing Health Care Resources and Capacity (Dec. 4, 2020), available here: extends scope of professionals that can administer COVID-19 vaccine.
  • State Immunization Program, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • Tennessee COVID-19 Recovery Act (extends limited COVID-19 liability protections to businesses, providers, and others), available here.
  • Tennessee Department of Health update on official investigation of COVID-19 vaccine wastage, available here.

Provider Resources:

  • Vaccine Information for Healthcare Providers, Tennessee Department of Health, available here.

Additional Resources:

  • Tennessee to Begin COVID-19 Vaccination of Adults Age 65 and Older, Teachers (Tennessee Department of Health Press Release, Feb. 16, 2021), available here: “Tennessee will begin registering Tennesseans aged 65 and older and those in Phase 1b of the state’s COVID-19 Vaccination Plan for COVID-19 vaccinations on Feb. 22. Phase 1b includes staff members of kindergarten through 12th grade schools and child care facilities.”
  • Tennessee to Begin COVID-19 Vaccination of Adults Age 70 and Older (Tennessee Department of Health Press Release, Feb. 1, 2021), available here: “Tennessee will begin administering COVID-19 vaccinations to Tennesseans aged 70 and older this week as the state has begun receiving increased allocations of COVID-19 vaccines. Tennesseans aged 70 and up may begin registering for COVID-19 vaccination tomorrow, Feb. 2.”
  • TDH Expands Access to COVID-19 Vaccination in Rural and Underserved Areas (Tennessee Department of Health Press Release, Jan. 28, 2021), available here: “TDH is partnering with pharmacies and community health clinics to add more than 100 new vaccination sites across the state. . . . These new COVID-19 vaccination sites include 24 federally qualified health centers, rural health clinics and community health centers, 64 local pharmacies and 20 chain pharmacies with many sites in some of Tennessee’s most vulnerable counties.”
  • “Tennessee Department of Health Updates COVID-19 Vaccination Plan,” (Jan. 22, 2021), available here.
  • Vaccination Phases by County (Feb. 1, 2021), available here.
  • COVID-19 Vaccination FAQs (Jan. 27, 2021), available here.
  • “Gov. Lee Announces New COVID-19 Vaccine Eligibility Tool,” (Jan. 5, 2021), available here.
  • Tennessee is among the top 5 states vaccinating the fastest, CDC data shows (Knox News, Jan. 5, 2021), available here: “Tennessee is among the top five states for fastest turnaround of COVID-19 inoculations as doses of the vaccines are delivered, according to the 
  • State Vaccine Allocation Guidelines, available here.

Texas

State COVID-19 Webpage: Available here.

State Plan: Available here (Oct. 16, 2020)

Current Phase:

  • Phase 1a and 1b

Eligibility Criteria for Each Phase:

  • Phase 1a Tier 1:
    • Paid and unpaid workers in hospital settings working directly with patients who are positive or at high risk for COVID-19. Such as but not limited to:
      • Physicians, nurses, respiratory therapists and other support staff (custodial staff, etc.)
      • Additional clinical staff providing supporting laboratory, pharmacy, diagnostic and/or rehabilitation services
      • Others having direct contact with patients or infectious materials
    • Long-term care staff working directly with vulnerable residents. Includes:
      • Direct care providers at nursing homes, assisted living facilities, and state supported living centers
      • Physicians, nurses, personal care assistants, custodial, food service staff
    • EMS providers who engage in 9-1-1 emergency services like pre-hospital care and transport
    • Home health care workers, including hospice care, who directly interface with vulnerable and high-risk patients
    • Residents of long-term care facilities
  • Phase 1a Tier 2:
    • Staff in outpatient care settings who interact with symptomatic patients. Such as but not limited to:
      • Physicians, nurses, and other support staff (custodial staff, etc.)
      • Clinical staff providing diagnostic, laboratory, and/or rehabilitation services
      • Non 9-1-1 transport for routine care
      • Healthcare workers in corrections and detention facilities
    • Direct care staff in freestanding emergency medical care facilities and urgent care clinics
    • Community pharmacy staff who may provide direct services to clients, including vaccination or testing for individuals who may have COVID
    • Public health and emergency response staff directly involved in administration of COVID testing and vaccinations
    • Last responders who provide mortuary or death services to decedents with COVID-19. Includes:
      • Embalmers and funeral home workers who have direct contact with decedents
      • Medical examiners and other medical certifiers who have direct contact with decedents
      • School nurses who provide health care to students and teachers
  • Phase 1b
    • People 65+ or people 16+ with at least one chronic medical condition that puts them at increased risk for severe illness from the virus that causes COVID-19, including:
      • Cancer
      • Chronic kidney disease
      • COPD (chronic obstructive pulmonary disease)
      • Heart failure, CAD, cardiomyopathies
      • Sickle cell disease
      • Solid organ transplantation
      • Obesity and severe obesity (body mass index of 30 kg/m2 or higher)
      • Pregnancy
      • Type 2 diabetes mellitus
  • Phase 1c: Under consideration
  • Phase 2: Under consideration
  • Phase 3: Under consideration

Relevant State and Local Laws/Regulations:

  • N/A

Enforcement Actions, Litigation, Other Legal Developments:

  • Greg Abbott pushes Legislature to protect businesses from coronavirus-related lawsuits, (The Texas Tribune, Jan. 26, 2021), available here.
  • “COVID-19 Vaccine Theft Charge Dismissed Against Texas Doc,” (U.S. News & World Report, Jan. 25, 2021), available here.

Provider Resources:

  • Information for COVID-19 Vaccination Providers, Texas Health & Human Services, available here.

 Additional Resources:

  • COVID-19 vaccine allocation team: Texas will be on Phase 1B ‘for a while’ (KXAN News, Jan. 28, 2021), available here: “The head of the team determining the vaccine priority groups and which medical providers get doses each week said Thursday it was too early to say when Phase 1C of the rollout would be announced.”
  • Google Maps will start showing COVID-19 vaccine sites in Texas (KSAT 12 News, Jan. 25, 2021) available here: “[Google] CEO Sundar Pichai on Monday announced Google Search and Maps will roll out the vaccine finder “in the coming weeks” for Texas, as well as Arizona, Louisiana, Mississippi for starters.”
  • State allocation plan website, available here.
  • State vaccine FAQS, available here.
  • State vaccine allocation guiding principles, available here.

Utah

State COVID-19 Webpage: Available here.

State Plan: Available here (Oct. 16, 2020).

Current Phase:

  • “February” (see below)

Eligibility Criteria for Each Phase:

  • February:
    • Any healthcare worker who has contact with patients (like dentists, pharmacists, independent medical clinics, physical or occupational therapists, front o­ffice staff in a clinic, medical aesthetics, home healthcare workers, community health workers, public health workers, etc.)
    • Tribal health, Tribal EMS, and Tribal public health workers
    • Long-term care facility staff and residents (including assisted living and skilled nursing facilities)
    • K-12 teachers and school staff
    • All first responders like EMS personnel, law enforcement offi­cers, dispatchers, and corrections o­fficers
    • Utahns 70 years of age and older
  • March
    • Utahns between the ages of 65-69
    • Anyone 16 or older with any of the following medical conditions (ages 16 and 17 are limited to only the Pfizer vaccine):
      • Solid organ transplant recipients
      • Cancer: non-hematologic diagnosed within last 1 year (excluding basal and squamous cell cancer diagnoses); hematologic diagnosed within last 5 years
      • Receiving immunosuppression therapy
      • Immunocompromised state (weakened immune system) from blood, bone marrow, or organ transplant; HIV; use of corticosteroids long-term; or use of other immune weakening medicines long-term
      • Severe kidney disease: on dialysis or with stage 4 or 5 chronic kidney disease
      • Uncontrolled diabetes: patients with an A1c of 9.0 or higher
      • People with a BMI of 40 or higher (also known as Class III or severe obesity)
      • Chronic liver disease: chronic hepatitis B or C, chronic infective hepatitis (hepatitis B or C), alcohol-related liver disease, primary biliary cirrhosis, primary sclerosing cholangitis, or hemochromatosis
      • Chronic heart disease (not hypertension): chronic heart failure, ischaemic heart disease, and severe valve or congenital heart disease
      • Severe chronic respiratory disease (other than asthma): including severe chronic obstructive pulmonary disease, fibrosing lung disease, bronchiectasis or cystic fibrosis
      • Neurologic conditions that impair respiratory function including: motor neuron disease, myasthenia gravis, multiple sclerosis, Parkinson's disease, cerebral palsy, quadriplegia or hemiplegia, progressive cerebellar disease, epilepsy, Down syndrome
      • Stroke and dementia (Alzheimer’s, vascular, frontotemporal)
      • Asplenia including splenectomy or a spleen dysfunction, including sickle cell disease
  • April through July:
    • Tribal reservation communities
    • Additional Utahns based on age (prioritization to be determined)
    • Utahns with other underlying medical conditions (additional qualifying medical conditions to be determined)
    • Additional Utahns living in congregate care settings (prioritization to be determined)
    • Racial and ethnic groups at higher-risk
    • All Utahns

Relevant State and Local Laws/Regulations:

  • Executive order 2021-02 Establishing a COVID-19 Vaccination Plan, available here
  • The Utah Senate is currently considering a bill that would prohibit most private sector employers from requiring their employees to get vaccinated (except employees working in a public health or medical setting). The most recent version of the bill (SB 208) is available here.
  • Utah House Bill 308 would prohibit any Utah government agency from requiring an individual to receive a vaccine as a condition of employment (among other things), with exceptions for those “acting in a public health or medical setting” who are “required to receive vaccinations in order to perform the employee’s assigned duties and responsibilities.” HB308 has passed the House and was introduced in the Senate on Feb. 23, 2021, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • Resources for COVID-19 Providers, Utah Department of Health, available here.

Additional Resources:

  • [Gov.] Cox announces expansion of Utah COVID-19 vaccine eligibility (Fox 13 News, Feb. 4, 2021), available here: “Cox announced eligibility for vaccinations will be lowered from 70-and-older to 65-and-older, beginning in March. The new order includes anyone 18-and-older with comorbidities who are most at risk to the coronavirus.”
  • Salt Lake County rolls out ‘mobile health centers’ to boost COVID-19 vaccine distribution (Deseret News, Jan. 27, 2021), available here: “Salt Lake County officials unveiled two new “mobile health centers” Wednesday, vehicles intended to bring COVID-19 vaccines to the homebound as well as underserved areas of the valley as the state reported surpassing a quarter-million doses given to Utahns.”
  • State allocation plan timeline, available here.
  • State vaccine website, available here.
  • State vaccine FAQS, available here.
  • COVID-19 vaccination resources for those who identify as American Indian or Alaska Native, available here.

Vermont

State COVID-19 Webpage: Available here

State Plan:  Available here (Dec. 28, 2020).

Current Phase:

  • Phase 1b (Vermonters age 65+ are eligible as of March 1, 2021)

Eligibility Criteria for Each Phase:

  • Phase 1a:
    • Health care personnel (clinical staff members, including nursing or medical assistants and support staff (e.g., those who work in food, environmental, and administrative services)) including:
      • Long-term care staff who have direct patient contact
      • Health care providers (all classes including students and support personnel), primarily but not exclusively located in the Emergency Departments and Intensive Care Units, providing care to patients with COVID-19
      • Emergency Medical Services personnel with direct patient contact
      • Home health care clinical staff and caregivers who have contact with multiple patients or who are high-risk for serious illness from COVID-19
      • Any other health care providers and staff who have patient contact
    • Residents of long-term care facilities (skilled nursing facilities, nursing homes, and assisted living facilities) 
  • Phase 1b:
    • Persons aged ≥ 75 years, then persons aged 70-75 years followed by those 65 and older*
    • Persons aged 40-64 with high-risk conditions*
    • Frontline essential workers
      • Unable to telework
      • Unable to distance
      • Regular public contact

* BIPOC/LEP individuals should be prioritized in these groups. BIPOC = Black, Indigenous and People of Color. LEP = Limited English Proficiency

    • Essential workers (examples include education sector, food & agriculture, utilities, police, firefighters, corrections officers, transportation).
  • Phase 1c:
    • BIPOC/LEP Population (not already vaccinated in 1a and 1b)
    • Residents in congregate settings (not already vaccinated in 1a and 1b)
    • Persons aged 16-39 with high-risk conditions
    • Other essential workers
  • Phase 2: General population

Relevant State and Local Laws/Regulations:

  • State immunization program website, available here

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • Vaccine Information for Health Care Professionals, Vermont Department of Health, available here.

Additional Resources:

  • Vermont to open vaccine program for 65 and older next week (ABC News 10, Feb. 24, 2021), available here: “On Tuesday, state officials announced that Vermont’s vaccination efforts are expanding to everyone age 65 and older beginning [March 1].”
  • Weekly COVID-19 Update, Vermont Department of Health (Feb. 12, 2021), available here.
  • More than 13K Vermonters sign up for vaccines in 1st hours (AP/ABC 10, 01/26/2021) available here.
  • “Vermont Opens Phase II of COVID-19 Vaccine Rollout” (Vermont Department of Health, Jan. 25, 2021) available here.
  • State vaccine website, available here.
  • State Vaccine Implementation Advisory Committee website, available here.
  • State vaccine FAQS, available here.
  • State vaccine planning summary, available here.

Virginia

State COVID-19 Webpage: Available here

State Plan: Available here (Nov. 16, 2020).

Current Phase:

  • Phase 1b

Eligibility Criteria for Each Phase:

  • Phase 1a:
    • Healthcare personnel, which include:Behavioral health providers
      • Behavioral health providers
      • Community health workers
      • Dental assistants, hygienists, dentists
      • EMT/first responders serving as EMT extenders
      • Environmental services staff
      • Healthcare trainees
      • Home health workers
      • Human service providers
      • Laboratorians
      • Mortuary service providers (e.g. morticians/funeral home staff)
      • Nurses, nursing assistants
      • Optometrists
      • Personal care aides
      • Pharmacists, pharmacy techs and staff
      • Physicians, physician assistants
      • Public-facing public health workers
      • Radiological techs (and other diagnostic/therapeutic techs)
      • Respiratory, physical, speech and occupational techs
      • Social workers
    • Residents and staff of long term care facilities
      • Definition of Long-Term Care Facilities by Order of RiskSkilled nursing facilities
        1. Skilled nursing facilities
        2. In-patient hospice facilities
        3. Assisted living facilities
        4. Residential care communities; e.g., programs of all-inclusive care for the elderly, psychiatric residential treatment facilities, religious nonmedical health care institutions, etc.
        5. Intermediate care facilities for individuals with intellectual disabilities
        6. State veterans homes
        7. Other adult care homes, family care homes, group homes
      • Long-Term Care staff include:
        1. All staffing working in facilities listed above
        2. Home health workers (e.g., nursing, respiratory therapists, health aides) who enter the need to go into the homes of individuals with chronic, complex conditions and/or disabilities to deliver nursing and/or daily living care
        3. Home health providers who deliver health care services for older adults, people with disabilities, and others with chronic health conditions who live independently in the community with supports and services
  • Phase 1b:
    • Frontline Essential Workers, in the following priority order:Police, Fire, and Hazmat
      • Police, Fire, and Hazmat
      • Corrections and homeless shelter workers
      • Childcare/PreK-12 Teachers/Staff (public and private)
      • Food and Agriculture (including veterinarians)
      • Manufacturing
      • Grocery store workers
      • Public transit workers
      • Mail carriers (USPS and private)
      • Officials needed to maintain continuity of government (including judges and public facing judicial workers) 
    • People Aged 65 years and Older
    • People Living in Correctional Facilities, Homeless Shelters and Migrant Labor Camps
    • People aged 16 through 64 years with a High Risk Medical Condition or Disability that Increases Their Risk of Severe Illness from COVID-19: The list of medical conditions is updated routinely as new data become available at here.
  • Phase 1c: Other essential workers
    • Definition of Other Essential Workers. These workers are in sectors essential to the functioning of society and/or are at higher risk of exposure to SARS-CoV-2. Other Essential Workers include (in order of vaccination planning):
      • Energy
      • Water, wastewater, and waste removal workers (includes recycling removal workers)
      • Housing Construction
      • Food Service
      • Transportation and Logistics
      • Institutions of Higher Education Faculty/Staff
      • Finance
      • Information Technology & Communication
      • Media
      • Legal Services
      • Public Safety (engineers)
      • Other Public Health Workers

Relevant State and Local Laws/Regulations:

  • Virginia Senate passes bills to speed up vaccine rollout (Henrico Citizen, Feb. 1, 2021) available here: “The bill . . . will require the Department of Health to create a process where any health care provider in the Commonwealth who is qualified and available to administer the COVID-19 vaccine can volunteer to administer the vaccine to Commonwealth citizens. . . [A similar House of Delegates bill] mandates data collection of race and ethnicity during vaccination, expands the definition of health care workers eligible to administer doses and creates more vaccination sites.”
  • Dentists, med students can give COVID-19 vaccines in Va. (WTOP, Feb. 17, 2021) available here: “The law will expand the pool of those who can administer the coronavirus vaccine to dentists, medical students and other clinicians, giving the state additional assistance with vaccine distribution.”
  • Governor Northam Increases Capacity Limits for Outdoor Sports and Entertainment Venues as COVID-19 Hospitalizations and Infection Rates Continue to Fall, Vaccinations Rise. (Feb. 24, 2021.) More information available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • NA

Provider Resources:

  • VDH COVID-19 Vaccination Response for Healthcare Professionals available here.

Additional Resources:

  • FAQs available here.
  • Eligibility quiz available here.
  • Vaccine dashboards available here.
  • COVID-19 Vaccine Phase by Health District map available here.
  • Virginia Department of Health launches COVIDWISE Express as additional tool to boost exposure notifications. More information is available here.
  • VDH Hotline can answer COVID-19 vaccine questions from 8am-8pm daily at 877-ASK-VDH3 (877-275-8343)
  • Statewide Vaccine Pre-Registration site is now available here

Washington

State COVID-19 Webpage:  Available here.

State Plan: Available here (Jan. 18, 2021).

Current Phase:

  • Phase 1B, Tier 1

Eligibility Criteria for Each Phase:

  • Phase 1a Tier 1:
    • High-risk workers in health care settings (clinical judgment should be applied to identify who is at greatest risk using the guidance below)
    • High-risk first responders (clinical judgment should be applied to identify who is at greatest risk using the guidance below)
    • Residents and staff of nursing homes, assisted living facilities, and other community-based, congregate living settings where most individuals over 65 years of age are receiving care, supervision, or assistance
  • Phase 1a Tier 2:
    • All other workers at risk in health care settings
  • Phase 1b:
    • Tier 1:
      • All people 65 years and older
      • People 50 years and older in multigenerational households
    • Tier 2:
      • High-risk critical workers 50 years and older who work in certain congregate settings
    • Tier 3:
      • High-risk critical workers 50 years and older who work in certain congregate settings
    • Tier 4:
      • High risk critical workers under age 50 in certain congregate settings (as noted above in Tier 2)
      • People (residents, staff, volunteers) in congregate living settings (e.g., correction facilities, prisons, jails, detention centers; group homes for people with disabilities) and people experiencing homelessness that access services or live in congregate settings (e.g., shelters, temporary housing)
  • Future phases are still tentative and will be finalized based on clinical trial data, federal guidance, vaccine supply projections, and ongoing community input
  • See vaccine prioritization and allocation framework: guidance summary, available here, for more information on prioritization within subgroups

Relevant State and Local Laws/Regulations:

  • Statement on crossing state lines for vaccine (DOH news release Jan. 28, 2021), available here: “Given the limited supply of vaccine that is available at this time and our state’s commitment to equitable and fair access to vaccine, the state of Washington is requiring that those seeking COVID-19 vaccines in its four mass vaccination sites (Ridgefield, Spokane, Kennewick, and Wenatchee) must either live or work in Washington state. . . People who register for vaccines at these four sites may be asked to provide [proof of residence].”
  • Washington DOH will begin allocating more doses to counties with larger populations that qualify under Phases 1A and 1B1. This may mean some counties get more vaccine than others. This statewide approach ensures everyone who is eligible has equal access to vaccine no matter where they live, according to the Feb. 18, 2021 DOH press release available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • After Washington hospitals invite donors to get COVID-19 vaccines, state health officials issue public warning (King5, Jan. 31, 2021) available here: “State health officials on Saturday issued a public statement, warning hospitals that offer "invitation-only" opportunities to get COVID-19 shots would be at risk of getting their vaccine supply cut off.”

Provider Resources:

  • Healthcare Provider Resources & Recommendations available here.

Additional Resources:

  • Visual timeline for phase 1a and phase 1b available here.
  • Vaccine FAQs available here.
  • Phase Finder Tool available here.
  • Vaccination Progress Dashboard and Data, available here.
  • Vaccine prioritization and allocation framework: guidance summary available here.
  • Washington state shifts COVID-19 vaccine strategy to boost access (King5, Feb. 4. 2021) available here: “Previously, 70% of all the state’s doses went to hospitals. That is set to change so that the general public can have increased access to the vaccine. The state now will distribute COVID-19 vaccine doses as follows: 35% are going to mass vaccination sites; 23% are going to hospitals; 19% are going to community health centers; 19% are going to pharmacies; 3% are going to tribes and Urban Indian Programs.”
  • Find a Shot Facebook group run by volunteers helps residents find vaccination sites and is available here.
  • Vaccine locations available here.
  • CovidWA.com, built by volunteers, pulls together nearly all the state's available vaccine appointments in a single, easy-to-use website. It tells patients which providers have doses and directs them to sign-up pages. Available here.

West Virginia

State COVID-19 Webpage: Available here.

State Plan:

  • Executive Summary available here (Oct. 26, 2020)

Current Phase:

  • Phase 1A-D and all residents age 65 and older

Eligibility Criteria for Each Phase:

  • Phase 1-A:
    • Hospital personnel; longer-term care staff and residents; pharmacy staff; persons ages 80+.
  • Phase 1-B:
    • Community infrastructure workers; emergency responders; public health officials; dental/orthodontic/oral surgery personnel; corrections staff.
  • Phase 1-C:
    • Other healthcare.
  • Phase 1-D:
    • Other critical sectors vital to state/government services

Relevant State and Local Laws/Regulations:

  • N/A

Enforcement Actions, Litigation, Other Legal Developments:

  • N/A

Provider Resources:

  • DHHR Provider Resources are available here.
  • Social press kit is available here.

Additional Resources:

  • West Virginia sets pace on COVID-19 vaccine rollout (AP, Jan. 19, 2021), available here: “West Virginia has emerged as an unlikely success in the nation’s otherwise chaotic vaccine rollout, largely because of the state’s decision to reject a federal partnership with CVS and Walgreens and instead enlist mom-and-pop pharmacies to vaccinate residents against the virus that has killed over 399,000 Americans. More shots have gone into people’s arms per capita across West Virginia than in any other state, with at least 7.4 percent of the population receiving the first of two shots, according to state data. . . . Officials also credit a 50-person command center at the state’s National Guard headquarters in the capital of Charleston.”
  • COVID-19 UPDATE: Gov. Justice makes vaccinations available to West Virginians age 65 and older (Jan. 19, 2021), available here.
  • FAQs available here.
  • Dashboard available here.
  • COVID-19 Vaccine Registration available here. All West Virginians over the age of 16 are encouraged to pre-register through this system.
  • COVID-19 Vaccine information line can be reached at 1-833-734-0965.
  • Weekly COVID-19 vaccination clinic schedule (Feb. 22–Feb. 28) for age 65 and older available here.

Wisconsin

State COVID-19 Webpage: Available here.

State Plan: Available here (Dec., 2020).

Current Phase:

  • See State Vaccine Phases and Eligibility webpage, available here.

Eligibility Criteria for Each Phase:

  • Phase 1a:
    • Health care personnel (HCP) eligible for vaccination in Phase 1A is defined as: “individuals who provide direct patient service (compensated and uncompensated) or engage in healthcare services that place them into contact with patients who are able to transmit SARS-CoV-2, and/or infectious material containing SARS-CoV-2 virus.”
    • Residents in skilled nursing and long-term care facilities
    • Police and fire personnel, correctional staff
  • Phase 1B:
    • Adults 65 and older.
    • Education and child care
    • Individuals enrolled in Medicaid long-term care programs
    • Some public-facing essential workers
    • Non-frontline essential health care personnel
    • Facility staff and residents in congregate living settings

Relevant State and Local Laws/Regulations:

  • Wisconsin Senate, Assembly pass multiple measures Tuesday (WBAY, Feb. 16, 2021) available here: “Members of the Wisconsin State Senate passed a set of measures limiting some abilities of public health officers in the state. The four bills include banning the Department of Health Services (DHS) from requiring people to get the COVID-19 vaccine, prohibiting officials from closing places of worship due to the pandemic, banning the DHS from prioritizing inmates from getting the vaccine, and requiring state employees to stop working from home.”
  • Wisconsin governor signs bill that allows expansion of COVID-19 vaccine administration (KSTP, Feb. 19, 2021) available here: “On Friday, Wisconsin Gov. Tony Evers signed a bill that will allow an expansion on who can administer the COVID-19 vaccine. The move would allow pharmacy technicians and students to administer the vaccines under certain conditions.”

Enforcement Actions, Litigation, Other Legal Developments:

  • Information regarding State COVID-19-related legislation, available here.
  • Ex-Wisconsin pharmacist pleads guilty to vaccine tampering (KPLC7 Feb. 9, 2021), available here. “Federal prosecutors charged Steven Brandenburg, 46, of Grafton, in late January with two counts of attempting to tamper with consumer products. He pleaded guilty to both counts during a video conference with U.S. District Judge Brett Ludwig in Milwaukee. The charges carry a maximum combined sentence of 20 years in prison and $500,000 in fines. Prosecutors agreed to recommend that Ludwig give him at least three years and five months and at most four years and three months for his guilty pleas. The judge scheduled a sentencing hearing for June 8.”
  • Wisconsin county cracks down on out-of-staters seeking vaccine (WQOW, Feb. 15, 2021) available here. “Kenosha County officials say they are cracking down on Illinois residents who have crossed into Wisconsin to get the COVID-19 vaccine.”

Provider Resources:

  • COVID-19: Program Information for Vaccinators is available here.

Additional Resources:

  • Wisconsin State Disaster Medical Advisory Committee Vaccine Distribution Subcommittee: Phase 1a Guidance for Vaccinating Entities to Prioritize COVID-19 Vaccine in Priority Populations, available here (12/2020).
  • State vaccine FAQs, available here.
  • State vaccine dashboards and data available here.
  • Sign up for weekly updates from Wisconsin Department of Health Services here.
  • COVID-19: Vaccine Phases and Eligibility information available here.
  • Wisconsin COVID-19 Vaccine Registry will be launching March 1. More information here.

Wyoming

State COVID-19 Webpage: Available here.

State Plan: Available here (Nov. 16, 2020).

Current Phase:

  • 1a and 1b

Eligibility Criteria for Each Phase:

  • Phase 1a: (priority listed from high to low)
    • Hospital staff — direct inpatient care staff and emergency department (ED) staff, including providers working temporarily at the hospital
    • EMS personnel /Fire Dept. personnel that are EMTs
    • Long-term Care Facility (LTCF)/Assisted Living Facility (ALF) Healthcare Providers (HCPs)
    • Public Health Nursing (PHN) staff and other HCPs administering vaccines to critical populations in Phase 1a
    • Tribal Public Health and HCPs — receiving vaccine through Indian Health Services
    • PHN and HCPs who regularly conduct COVID sample collection
    • Law Enforcement — patrol officers and correctional facility officers (city, county, state and federal)
    • Licensed/credentialed medical and dental direct care staff working in other locations who have regular exposure to potentially positive COVID-19 patients or infectious material
    • PHN offices and local health departments — nurses and staff
    • LTCF and ALF residents and other staff not already vaccinated; intermediate care facility staff and residents; residential service settings for people with intellectual or developmental disabilities of 3 or more developmental disability waiver participants (participants and direct support professionals)
    • Home health healthcare providers- including Aging network in-home providers
    • School nurses
    • Public Health Laboratory and other laboratories — staff conducting COVID-19 testing if not already included in above groups
    • Pharmacy staff
    • Other healthcare facility staff - ancillary support staff who have regular exposure to potentially positive COVID-19 patients or infectious material, including supporting staff from out of state.
  • Phase 1b:
    • Fire, police, 911, correctional staff, search and rescue, and other in-person emergency response personnel not in phase 1a (including ancillary support for air ambulance and hospitals and Department of Family Services caseworkers).
    • Funeral service practitioners and in-person employees necessary for funerals.
    • People who are 70 years of age or older (if necessary, populations may be broken down to vaccinate those who
    • are 80 years of age and older first.)
    • In-person employees within congregate settings such as group homes, halfway houses, homeless shelters, child and youth serving facilities.
    • Healthcare providers, behavioral health providers, and social workers unable to physically distance and unable to provide services through telehealth.
    • People who are 65-69 years of age
    • K-12 Education (teachers and support staff)
    • Childcare service providers and adult daycare center providers
    • Public transit employees – (community transportation buses and airline flight crew members working on commercial passenger planes)
    • Those with the following conditions: cancer, chronic kidney disease, chronic obstructive pulmonary disease, solid organ transplant, sickle cell disease, down syndrome, and pregnancy (Pregnant women should discuss vaccination with their provider in advance.)
    • Grocery store employees, commercial meat processing employees, feedlot employees, other food supply chain facility employees, and food manufacturing companies with 25 or more employees.
    • People on the Wyoming Medicaid Community Choices Waiver and Developmental Disabilities waivers
    • US Postal Service employees and delivery service companies (such as Fed Ex and UPS).
    • Those with the following conditions: diabetes, heart conditions, obesity (BMI over 30), immunocompromised state, severe neurologic conditions (stroke and dementia)
    • Workforce service center employees; port of entry employees; parole and probation officers; veterinarians; court system employees; and non-law enforcement security officers that must have in-person close interactions, unable to physically distance and unable to provide services virtually; attorneys, judges, and court personnel necessary for in person criminal hearings or trials; and custodial staff responsible for cleaning areas known to have been contaminated by people positive for COVID-19
    • Caregivers who are caring for a person who is at high risk of COVID-19 illness and cannot receive the vaccine
  • Phase 1c: (priority listed from high to low)
    • People who are homeless
    • Residents of congregate care or living settings including prisons and jails
    • Essential Critical Infrastructure Workforce who are unable to physically distance or telework (See Guidance on the Essential Critical Infrastructure Workforce for a complete listing of essential workers.) These workers generally include those involved with: critical manufacturing; energy; legal; communications and information technology, financial services; chemical workers; other community or government-based operations and essential functions; water and wastewater; transportation and logistics; law enforcement, public safety, and other first responders; education; food and agriculture; public works and infrastructure support services; hygiene products and services, residential/shelter facilities, housing and real estate, and related services; hazardous materials; healthcare and public health; commercial facilities; defense industrial base.
    • People living in college dormitories
  • Phase 2
    • WDH expects the vaccine will be in greater supply and will likely be available to anyone who would like to receive it.
    • Individuals with limited access to healthcare and vaccines will be a focus for public health agencies in Phase 2.

Relevant State and Local Laws/Regulations:

  • Wyoming COVID-19-related orders and guidance, available here.

Enforcement Actions, Litigation, Other Legal Developments:

  • COVID-19 Vaccine Demand Can Lead to Fraud (WDH press release, Feb. 16 2021) available here. “We want to remind everyone vaccines are free. If you receive an unexpected call asking for payment or other personal details, such as your social security number, please do not provide those details to the caller. State and local health departments will not ask for payment information or request your social security number when following up with you for vaccine appointments and clinic notifications. Scams related to COVID-19 vaccinations should be reported to the Consumer Protection Unit in the Wyoming Attorney General’s office by calling 307-777-6397, emailing ag.consumer@wyo.gov, or submitting formal complaints (available here).”

Provider Resources:

  • Wyoming COVID-19 Vaccine Information for Providers is available here.

Additional Resources:

  • Wyoming Department of Health January Vaccine Distribution Information (Jan. 24, 2021), available here.
  • Wyoming Department of Health - Phase 1 COVID-19 Vaccination Priorities (Feb. 1, 2021), available here.
  • State vaccine FAQs, available here.
  • Individuals within Phase 1b, priority group 4-6 are now able to schedule their vaccination appointment. Individuals within these groups include: people who are 65 — 69 years of age; healthcare providers, behavioral health providers, and social workers unable to physically distance and unable to provide services through telehealth; K-12 education (teachers and other school district staff); child care providers and adult daycare center providers. These individuals can call (307) 766-8222 to schedule their vaccination appointment unless already scheduled through their place of employment. 
  • Wyoming current hospital capacity available here.