The Vaccine – Understanding What’s Next

Making Sense of Novel Healthcare and Employment Law Issues

Answering Your Vaccine Questions:

COVID-19 Vaccination: Five Key Considerations for Healthcare Employers

The question of whether or not to make vaccinations mandatory for workers is being considered by employers globally, particularly those in the healthcare sector. There are a number of key considerations that should be taken into account.


A “closed point of dispensing” (CPOD) is emerging as a valuable model for employers working to make vaccines more broadly available as the US moves towards mass vaccination efforts. Establishing a CPOD requires a deliberate strategy but can be done efficiently and proactively by taking a few initial steps.

Health Law

Questions continue to arise as to what hospitals, health systems and other healthcare providers can do to facilitate a safer and more seamless rollout. In this video, we discuss issues providers are facing now and challenges that may arise as vaccination efforts scale up, including:  
  • Administration Considerations
  • Allocation Questions
  • Privacy and Documentation Needs

Employment Law

Employers have questions about the COVID-19 vaccine and how to update their employment policies. In this video, we answer the following questions:  
  1. Can an employer require the COVID-19 vaccine for its workforce?
  2. What are the exceptions employers may need for a mandatory vaccine policy?
  3. What factors should employers consider when making the vaccine mandatory or voluntary?
  4. Are there additional considerations for employers of unionized workforces?

Are you asking the right questions as you develop your COVID-19 vaccine rollout plan?

Executives must put strategies in place now to mitigate risks and help their employees receive the vaccine in a scalable, safe and legally compliant way. We are working closely with clients across industry sectors to answer their most pressing questions on complex issues, including:  
  • Mandating the Vaccine
  • Vaccine Access and Positioning Your Workforce
  • Administrative Issues
  • State-Specific Issues
  • Vaccine-Specific Issue

COVID-19 Vaccines: Addressing Novel Healthcare and Employment Issues | Recorded December 14, 2020

The rollout of the COVID-19 vaccine to select healthcare providers, employees and patients raises a number of unprecedented questions for hospitals and health systems as both healthcare providers and employers. While some hospitals have been selected as the first to receive and issue the vaccines, others are left wondering how they can protect their employees and high-risk patients until the vaccines are more widely available. In this discussion, healthcare, employment and health policy leaders from McDermott Will & Emery and McDermott+Consulting come together to explore the novel issues that healthcare providers should examine as we navigate the vaccination process.

topics and questions quick access
Use the handy timecodes below to quickly navigate to topics and questions you’re most interested in within the video or podcast timeline.
VACCINE ALLOCATION ISSUES 2:50: What can hospital and health systems expect in terms of vaccine distribution? How is it being distributed and how will it actually reach Americans? 3:59: How did states select providers and who has access to the first vaccine distributions? 5:30: What are some logistical challenges we are seeing that have legal or regulatory implications? 11:28: What should patients and providers know about reimbursement, coverage and other financial considerations? 13:44: What do we know now about who can get the vaccine?
EMPLOYER CONSIDERATIONS 19:03: Can hospitals, as employers, mandate the vaccine to their workforce? 20:56: What type of exceptions would an employer have to make if they decide to mandate a vaccine? 23:39: Assuming that employers can mandate the vaccine subject to those exceptions, should they? 28:15: How are hospitals thinking about prioritizing their workforce? How are they providing transparency and accountability in these decisions, as well as managing the expectations of their workforce?
PRIVACY AND DATA QUESTIONS 34:12: What does vaccine consent look like for employees who become patients, and what are concrete steps patients can take on consent-related steps?  45:47: What new or different recordkeeping and reporting obligations should hospitals keep in mind? 51:53: What additional items should hospitals be thinking about if some of this data will be used in furtherance of research, and how does that connect to the consent issues?
LOOKING AHEAD 56:29: What are the next issues that hospitals and health systems should start thinking about for the future of the vaccination rollout


Employment Law

Supreme Court OKs CMS Vaccine Mandate but Blocks OSHA Rule

CMS Issues Detailed Guidance to Surveyors on Assessing Compliance with Omnibus COVID-19 Healthcare Staff Vaccination Mandate

OSHA and CMS Vaccination Rules Released: Here Are the Details

Cal/OSHA Issues New ETS of Its Own

Federal Vaccine Mandates Are Back in Play—For Now

First Details Leaked Regarding OSHA’s Vax-or-Test Rule

New York City COVID-19 Vaccine Mandate: Here Are the Details

NYC Announces Vaccine Mandate for All Employers Effective December 27, 2021

Agencies Clarify How Employers Can Charge COVID-19 Vaccine Premium Incentives

Federal Contractor COVID-19 Vaccine Mandate Clock Is Ticking

President Biden’s COVID-19 Action Plan: Will Your Company Be Required to Mandate Vaccination?

New York Employers Must Activate HERO Act Workplace Safety Plans

COVID-Update: New COVID-19 Occupational Health and Safety Ordinance

Mask Up, Vax Up: Illinois Governor Issues Immediate Face Covering Mandate for All, COVID-19 Vaccine Mandate for Healthcare, School and State Workers and Students

OSHA Updates COVID-19 Safety Guidance for All Industries

California Requires Vaccines for Most Healthcare Workers in Healthcare Facilities

California Requires Vaccines or Regular COVID-19 Testing for Certain Healthcare Workers and State Employees

Vaccinated and Masked: CDC Changes Course, Recommends Vaccinated Individuals Mask Indoors Where COVID-19 Transmission is “Substantial or High”

Updated Workplace COVID-19 Guidance Gives Employers More Flexibility and Responsibility

OSHA Maintains COVID-19 Safety Pressure on Healthcare Employers Despite Challenges from All Sides

New York State Department of Labor Publishes Standard for Prevention of Airborne Infectious Diseases

OSHA’s COVID-19 Requirements for Healthcare Employers Take Effect

Cal/OSHA Approves New COVID-19 Workplace Standards

EEOC Issues New Guidance for Mandatory and Voluntary COVID-19 Vaccine Programs

Cal/OSHA Makes First Revision to the Temporary COVID-19 Prevention Requirements

CDC Says Fully Vaccinated Individuals Don’t Need Masks; But Should Employers Change Their Face Covering Requirements?

All Hands on Deck: How Employers Can Expedite Vaccine Roll-Out for Employees and Their Loved Ones Using the Closed Point of Dispensing (CPOD) Model

OSHA Releases Guidance For Employers Considering Vaccine Requirements

California Expands COVID-19 Supplemental Paid Sick Leave

COVID-19 Vaccine: New Paid Leave Laws for Public and Private New York State Employees

CDC Releases Initial Guidance: Fully Vaccinated People Can Visit Others, May Not Have to Quarantine after COVID-19 Exposure

COVID-19 Vaccine FAQs for Employers

The EEOC Releases First Guidance on COVID-19 Vaccination for Employers


All Hands on Deck: How Employers Can Expedite Vaccine Roll-Out for Employees and Their Loved Ones Using the Closed Point of Dispensing (CPOD) Model
Fact Sheet for Healthcare Providers Administering Vaccine (Vaccine Providers)
Fact Sheet for Recipients and Caregivers

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