Issue link: https://beckershealthcare.uberflip.com/i/447830
14 However, the CDC has set its sights higher on healthcare personnel immu- nization. As part of its Healthy People 2020 campaign — a national health promotion initiative — the CDC aims to achieve a 90 percent flu vaccination rate among healthcare personnel by 2020. "The federal government is not neutral on vaccinations," says Howard Mav- ity, a senior partner at Fisher & Phillips' Atlanta office. "While they won't come out and say you should make [flu vaccines] mandatory, they emphasize their value." And while mandatory flu vaccine policies in hospitals are not yet universal, they are certainly on the rise. Mr. Mavity says the rise in mandatory vaccine programs may parallel a growing public acceptance of the vaccinations. "Legal decisions, to some extent, follow public policy and attitudes," Mr. Ma- vity says. "Vaccinations in the healthcare side are becoming more accepted." Still, requiring all healthcare employees to get vaccinated requires a balance between preserving employee rights with patient safety. Case study: Lahey Health One health system that implemented a mandatory flu vaccine policy for all employees is Burlington, Mass.-based Lahey Health. Beginning in 2010, all 7,000 employees of Lahey Health — including volunteers, students, residents, administration and custodial staff — are required to get a flu vaccine. "We have made a great effort to inform our worker population about the value of the vaccine and the safety of it," says Robert A. Duncan, MD, MPH, director of infection prevention and hospital epidemiology at Lahey Hospital & Medi- cal Center. While there is a mandatory flu vaccine policy, there is an out. Employees who refuse the vaccine are required to wear a face mask during flu season when they are within six feet of another person, though Dr. Duncan says few people opt for that course of option. At Lahey Health last year, just 1.2 percent of employees declined a flu vaccine, which is minimal. However, mandatory flu vaccine policies stir up contro- versy throughout the healthcare industry. The most common objection to mandatory flu vaccines is religion, says Mr. Mavity, followed by allergy concerns and employee unions. At Lahey Health, Dr. Duncan says no employees have refused the vaccine for religious reasons, although they have had employees with concerns or previous adverse reactions to the vaccines. To quell these concerns, Lahey Health provided free consultations with allergists and neurologists to determine whether the vac- cine would be safe for that person. Analysis of reasonable accommodation Should an employee take issue with a mandatory policy for religious rea- sons and threaten a lawsuit, the courts will likely accept that the refusal is a religious issue warranting some level of accommodation, according to Mr. Mavity. "I'll readily tell you, the law does not want to get into analyzing the sincerity of religious belief," he says. While the courts would prefer to not determine the sincerity or applicability of religious beliefs, they will look for any accommodation which healthcare organizations offer their employees who may be unable or unwilling to re- ceive the flu shot due to religious objections. A higher duty of reasonable accommodation would be required if the employee refused the shot due to Employee Rights vs. Patient Safety: Balancing Mandatory Flu Shots (continued from cover) We've Gotcha Covered Review more than a dozen independent studies of Curos use: Visit curos.com/studies Call 888-530-4650 Contact Ivera Medical: answers@curos.com • Curos ® disinfects in 3 minutes • Keeps ports clean for 7 days • Luer-lock design twists on, stays on • Instant visual safety check and compliance monitoring