The Connecticut Department of Public Health (DPH) announced it is issuing the first round of civil penalties to long-term care facilities failing to comply with Governor Ned Lamont’s Executive Order 13F requiring all long-term care facility staff either to be fully vaccinated or to have received the first vaccine dose with an appointment for the second dose in a two-dose series, unless exempted by a physician.[1] Furthermore, according to the Executive Order, long-term care facilities that fail to comply with this order are subject to a civil penalty. These facilities were required to submit reports attesting to the facility’s compliance by September 28, 2021.
Of the 643 long-term care facilities subject to the order, 226 facilities (35%) failed to report to DPH by the deadline (“Late Reporters”), while 122 facilities (18.9%) failed to report altogether (“Non-Reporters”). According to DPH, it has issued $221,000 in civil penalties to 26 of the 59 facilities in the Late Reporter category, while penalties for non-reporting were issued per day. The DPH provided a seven-day grace period to non-reporting to facilities in an effort to demonstrate its recognition of the challenges around implementing the order. That 7-day grace period resulted in $1.5 million of penalties being waived, with 33 facilities not incurring any penalties for late reporting.
DPH will continue to review the remaining 122 facilities in the Non-Reporter category. Beginning November 1, 2021, facilities classified as Non-Reporters may be assessed on-going penalties. DPH estimates that Non-Reporters are collectively subject to $15 million in fines.
November 4, 2021 – C. St. John
[1] Boyle, C. Connecticut DPH Begins Issuing Civil Penalties to Long-Term Care Facilities for Failure to Comply with Executive Order 13F. (Oct. 29, 2021). CT.gov. Available at: https://portal.ct.gov/DPH/Press-Room/Press-Releases—2021/Connecticut-DPH-Begins-Issuing-Civil-Penalties–to-Long-term-Care-Facilities