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Press Releases

10/29/2021

Connecticut DPH Begins Issuing Civil Penalties to Long-term Care Facilities for Failure to Comply with Executive Order 13F

FOR IMMEDIATE RELEASE: October 28, 2021

CONTACT:     Chris Boyle, Director of Communications

                        (860) 706-9654 – christopher.boyle@ct.gov

 

Connecticut Department of Public Health Begins Issuing Civil Penalties

to Long-term Care Facilities for Failure to Comply with Executive Order 13F

 

HARTFORD, Conn.— The Connecticut Department of Public Health (DPH) began on Tuesday issuing the first round of civil penalties to long-term care facilities subject to Executive Order 13F, which mandates COVID-19 vaccination for individuals who work in long-term care facilitiesLong-term care facilities subject to the Executive Order include nursing homes, assisted living services agencies, managed residential communities, residential care homes, chronic disease hospitals, and intermediate care facilities for individuals with intellectual disabilities (ICF/IIDs).

 

EO 13F required long-term care facilities to submit by September 28, 2021, reports attesting to each facility’s compliance with the Executive Order.  Of the 643 long-term care facilities subject to the Order, 226 facilities (35%) had failed to report to DPH by the deadline.  Excluding 45 ICF/IIDs whose reporting remains under review by DPH, 59 facilities have submitted attestation reports late (“Late Reporters”), while 122 facilities have failed to report altogether (“Non-Reporters”) through October 21, 2021. 

 

DPH issued a total of $221,000 in civil penalties to 26 of the 59 facilities in the Late Reporter category. Penalties for non-reporting were issued per day according to the following schedule:

 

Facility Type

Civil Penalty Per Day

Assisted Living Service Agency

Chronic Disease Hospitals

ICF/IIDs

Managed Residential Communities

Nursing Homes

$5,000

Residential Care Homes

$500

 

Recognizing the challenges of implementing the Order, DPH waived for Late Reporters $1.5 million of penalties for the first seven (7)days of non-reporting (“7-day grace period”).  As a result of the 7-day grace period, 33 facilities incurred no penalties for late reporting.  Civil penalties have been imposed on facilities as follows:

 

 

Per Day Penalty with and without the 7-day grace period for Late Reporters

 

Total # Late Reporters

Total $ Penalties for Late Reporters WITHOUT the 7-day grace period

Total # Late Reporters including the 7-day grace period

Total $ Penalties for Late Reporters through 10/21/21

ALSA

12

$465,000

4

$90,000

Chronic Disease Hospitals

1

$70,000

1

$35,000

MRC

22

$745,000

9

$55,000

NH

7

$160,000

3

$20,000

RCH

17

$73,000

9

$21,000

TOTALS

59

$1,513,000

26

$221,000

 

DPH continues 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, which will not include the 7-day grace period.  DPH estimates that Non-Reporters are subject collectively to fines totaling $15 million.

 

DPH is also reviewing the reporting status of all ICF/IID facilities separately, since these facilities are also subject to Executive Order 13G, and some appear to have reported their compliance through the reporting process set up for that Order.  Any ICF/IIDs found to have failed to report timely either to DPH or the EO 13G State portal will be subject to civil penalties per day according to the schedule above.

 

In addition, DPH has begun to audit the information in the attestation reports submitted by long-term care facilities subject to EO 13F and will be contacting specific facilities to determine compliance with the vaccine mandates.  Failure to comply with other obligations of the Executive Order is subject to civil penalties of up to $20,000 per day. 

 

“We strongly urge facilities that have not yet reported to DPH their compliance with EO 13F to submit their attestation reports as soon as possible,” said DPH Commissioner Manisha Juthani, MD. “The purpose of this vaccine mandate is to protect the health and safety of the patients and residents in long-term care as well as the health and safety of the staff, their families, and their co-workers.  Reporting timely and accurately to DPH helps the state ensure that the long-term care industry is meeting this goal and brings confidence to the community that our most vulnerable citizens are safe.”   

 

Long-term care facilities that have not reported can do so by visiting the following link: https://dphflisevents.ct.gov/.

 

 

Published by: Heather Trabal, MD

Heather.Trabal@ct.gov