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January 14, 2022
Governor Releases Second Revision to COVID Emergency Order
Allows DPH to Approve Alternatives to Mask Mandate for Certain Athletes
Governor John Carney today signed a revision to the COVID-19 emergency order, allowing the Division of Public Health (DPH) to approve alternative mitigation measures in place of the mask mandate for professional and NCAA athletes.
 
COVID-19 mitigation plans, including the alternative mitigation measures, must be submitted to hspcontact@delaware.gov. Fans, staff, and other attendees of indoor sporting events must still comply with the public mask requirement to prevent the spread of COVID-19. 
 
Vaccine Requirement for Health Care Workers Upheld by SCOTUS
OSHA's Large Employer Mandate Placed on Hold
On Thursday the Supreme Court narrowly decided to allow Health and Human Services (HHS) to enforce COVID-19 vaccination among health care facilities employees. The Court also blocked the federal government’s broader vaccine-or-mask mandate for employers with at least 100 employees.

The Supreme Court’s decision overturns roadblocks from the lower courts and paves the way for the Centers for Medicare & Medicaid (CMS) to withhold Medicare funds from provider organizations that do not implement a vaccination requirement across their workforce. CMS was already implementing the health care worker vaccination rule in 25 states and territories that were not covered by preliminary injunctions. The Supreme Court's decision enables CMS to fully implement the rule. 

The Supreme Court put the Occupational Safety and Health Administration (OSHA) -issued vaccine-or-test mandate for large employers on hold. Private employers with 100 or more employees would have been required to have their workers vaccinated against COVID-19 or test negative at least once a week. The vaccine-or-test mandate will remain on hold while the challenges to its legality continue in the U.S. Court of Appeals for the 6th Circuit.
HHS Extends Federal Public Health Emergency
Done Every 90 Days to Maintain Certain Health Care Flexibilities/Waivers
Today Health and Human Services Secretary Becerra extended the Public Health Emergency (PHE) determination related to COVID-19 for an additional 90 days, effective January 16 through April 16, 2022. This is the eighth such extension since the original declaration and is not expected to be the last. With each extension, numerous flexibilities and waivers remain in effect, including relaxed Health Insurance Portability and Accountability Act (HIPAA) requirements. Clinicians should be aware that states may have different dates for ending local PHEs (temporary state licensing, Medicaid, commercial insurance, etc. could end at different times than the federal PHE).
Americans Can Order Free Rapid COVID Tests on Federal Website
Starting Wednesday, January 19th
A federal website will be launched next Wednesday where Americans can order free COVID-19 rapid tests. The government purchased 500 million tests, available to every household, limiting the number of tests sent to each address to four. Tests would be shipped within 7 to 12 days after order. The government will purchase an additional 500 million tests to prepare for future surges, making for a total of 1 billion free tests available. The federal website to order the free tests is covidtest.gov.
MSD to be Meeting with DPR & Delaware Pharmacy Leadership
Seeking Feedback Regarding Any Continuous Pharmacy Issues
The Medical Society of Delaware is coordinating a meeting with the Delaware Division of Professional Regulation (DPR) and Delaware Pharmacy leadership in order to address several issues brought to our attention. We are reaching out for your feedback regarding any continuous pharmacy issues you believe may be helpful to address at this meeting.

Please complete this brief survey by Friday, January 21st.

Thank you in advance for your feedback.
Governor Carney to Deliver State of the State Address
Thursday, January 20th at 2:00 p.m.
Governor Carney will deliver his 2022 State of the State Address from the House Chamber in Legislative Hall at 2:00 p.m. on Thursday, January 20th. The event will be livestreamed on Governor Carney’s Facebook page, YouTube and de.gov/sots. The Delaware General Assembly will convene in a Joint Session prior to the Governor's State of the State Address.
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