Tag: Vaccination

  • CDC Advisory Committee Votes to Overturn Decades-Old Hep B Vax Recommendations – The 74

    CDC Advisory Committee Votes to Overturn Decades-Old Hep B Vax Recommendations – The 74


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    The committee that advises on national vaccine policy today overturned a decades-long recommendation that newborns be immunized for hepatitis B, a policy credited with nearly eliminating the highly contagious and dangerous virus in infants. 

    The decision came in an 8-3 vote from the committee that has been handpicked by Health and Human Service Secretary Robert F. Kennedy Jr., a long-time vaccine skeptic. It followed three previous failed attempts to vote on the measure and two days of contentious, confused hearings that further undermined the group’s credibility.

    Amy Middleman, a longtime committee liaison and a University of Oklahoma pediatrics professor, said it was the first time the committee “is voting on a policy that, based on all of the available and credible evidence … actually puts children in this country at higher risk — rather than lower risk — of disease and death.”

    Susan J. Kressly, the president of the American Academy of Pediatrics, which is continuing to recommend the hepatitis B vaccine at birth, called the committee’s guidance “irresponsible and purposely misleading” and said that it will bring about more infections in infants and children.

    “This is the result of a deliberate strategy to sow fear and distrust among families” she said.

    The members of the Advisory Committee on Immunization Practices, known as ACIP, who voted in favor of the new guidance said the universal birth dose, first introduced in 1991, had likely played a small role in the reduction of acute cases and noted that the country’s policy was an outlier when compared to those of peer nations, which have more targeted approaches. They also raised concerns about the safety of the vaccine, arguing there were insufficient trials done, a claim that has been widely debunked.

    The committee’s new recommendations still include a dose of the vaccine within the first 24 hours of life for infants born to hepatitis B-positive mothers. But for those born to mothers testing negative, they recommend “individual-based decision-making, in consultation with a health care provider” to decide “when or if” to give the vaccine. 

    Removing the universal birth dose “has a great potential to cause harm,” dissenting committee member Joseph Hibbeln said, “and I simply hope that the committee will accept its responsibility when this harm is caused.”

    The committee also voted to upend the rest of the schedule for the hepatitis B vaccine, which is required for school attendance in the vast majority of states and historically included three doses in an infant’s first year. Now, after the first dose, parents will be encouraged to ask their doctors to check infants for a sufficient immune response before proceeding with any future doses, a practice that currently lacks any scientific evidence, according to vaccine experts.

    The recommendation now heads to Jim O’Neill, the acting head of the Centers for Disease Control and Prevention, newly installed after September’s ousting of the previously confirmed director, who said she resisted Kennedy Jr.’s demands to pre-approve vaccine recommendations and fire career scientists. 

    O’Neill’s decision could impact not only the vaccine’s availability, but also its accessibility, since both public and private health insurers look to these policies to determine coverage. 

    “The American people have benefited from the committee’s well-informed, rigorous discussion about the appropriateness of a vaccination in the first few hours of life,” O’Neill said in a statement Friday.

    Rochelle Walensky is the former CDC director and is now a Harvard University medical professor. (Harvard T.H. Chan School of Public Health)

    Former CDC director Rochelle Walensky, now a Harvard University medical professor who recently co-authored a paper on the importance of the hepatitis B birth dose, projected that eliminating it for infants whose mothers test negative will raise the number of newborn hepatitis B cases by 8% each year.

    “We rely on an infrastructure of vaccines not only to protect ourselves and our children, but to protect our communities and one another,” Walensky said. “Today’s meeting was just another one of those chisels in the infrastructure.”

    Paul Offit, the director of the Vaccine Education Center and an attending physician in the Division of Infectious Diseases at Children’s Hospital of Philadelphia, referred to the committee as “a clown show” in an interview on CNN Friday morning.

    “Honestly, it’s a parody of what this committee used to be,” he said. “It’s hard to watch, and for those of us who care about children, it’s especially hard to watch.”

    Offit said he doubted that the committee understood how hepatitis B was transmitted in young children — half the time through the mother during childbirth but just as often through casual contact with someone who was chronically infected and didn’t know it. About 50% of the millions of Americans infected with hepatitis B are unaware of it.

    “By loosening the [immunization] reins, you are just putting children in harm’s way,” Offit said.

    The hepatitis B vaccine was first recommended by ACIP in 1982. Before that point, an estimated 200,000 to 300,000 people, including about 20,000 children, were infected with the highly contagious virus each year. 

    This was particularly dangerous for infants who have a 90% chance of developing liver cancer or chronic liver disease, if they contract the virus. For 4- and 5-year-olds, that chance remains high at 30-40%.

    Committee members argued the guidance change reflected a return to pre-1990s policies that focused on a targeted approach, rather than a universal one. A number of them said that these earlier practices were successful and sufficient in cutting hepatitis B rates, a claim other experts — including those at the CDC — refuted. 

    In a departure from typical practices, presentations on disease rates and safety concerns at the hearing were not given by CDC subject-matter experts, but instead were led by a climate researcher and a known anti-vaccine activist, who authored a since-retracted paper on the impact of rising autism rates. 

    Amy Middleman, a pediatrics professor at the University of Oklahoma. (University of Oklahoma)

    When one CDC hepatitis B expert was invited to weigh in during a question-and-answer period, he expressed concern about the presented research and emphasized the lack of evidence to support the committee’s changes. Middleman jumped in at one point to correct the committee when it misinterpreted “the conclusions of my own study.”

    Throughout the meeting, Kennedy Jr.’s appointees spoke about the importance of protecting parents’ rights, seemingly pitting this against public health policy. 

    “My personal bias is to err on the side of enabling individual decision making and individual rights over the right [of] the collective,” said Robert Malone, the committee’s vice chair who led the meeting since newly appointed chair Kirk Milhoan, a cardiologist and critic of the COVID vaccine for children, was unavailable to attend in person.

    Earlier this year, the committee also voted to change policies surrounding the measles, mumps, rubella and varicella (chickenpox) combination vaccine and this year’s COVID 19 booster.

    Historically, committee members were highly qualified medical professionals, vetted for months to years before serving. But, in an unprecedented upheaval in June, Kennedy Jr. fired all 17 existing advisory members via a Wall Street Journal op-ed — after promising he would leave the committee’s recommendations intact — and hastily replaced them. 

    Many of the new members have espoused anti-vaccine rhetoric and other scientific misinformation and a number of them do not have medical degrees or significant experience in the field. 

    Cody Meissner, a professor at Dartmouth’s Geisel School of Medicine and the only committee member to have previously served, also opposed the guidance change.

    Cody Meissner is a professor at Dartmouth’s Geisel School of Medicine. (Dartmouth College)

     “We’ve heard ‘do no harm’ is a moral imperative,” he said. “We are doing harm by changing this wording, and I vote no.”

    The committee vote was the latest in a wave of policy changes, firings and general chaos at the CDC and HHS that have alarmed experts since Kennedy Jr. took charge almost a year ago. 

    Last week, the Food and Drug Administration’s chief medical and scientific officer released an unsupported memo claiming COVID-19 vaccinations had contributed to the deaths of at least 10 children. Last month, Kennedy Jr. ordered CDC staff to change information on their website to promote a link between vaccines and autism, a widely discredited theory that he has promoted for years.

    According to Offit, the negative impacts are already being seen: This year tallied the greatest number of measles cases (1,828) since it was declared eliminated in 2000, the majority of which were in unvaccinated children, two of whom died. It marked the first pediatric measles deaths since 2003.

    There have also been nearly 300 childhood flu deaths — among predominantly unvaccinated kids — the most seen since the country’s last flu pandemic and whooping cough cases are surging in some states. The highly contagious respiratory infection, prevented through the DTaP vaccine, has killed three unvaccinated infants in Kentucky.


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  • Federal Court Reinstates OSHA Vaccination and Testing ETS – CUPA-HR

    Federal Court Reinstates OSHA Vaccination and Testing ETS – CUPA-HR

    by CUPA-HR | December 20, 2021

    On December 17, the 6th U.S. Court of Appeals vacated the 5th Circuit Court’s emergency motion to stay the Occupational Safety and Health Administration (OSHA)’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), paving the way for OSHA to continue implementing and enforcing the vaccination and testing requirements for covered employers with 100 or more employees.

    The ETS requires covered employers and employees to be fully vaccinated or in compliance with testing requirements by January 4, 2022. The stay, which was granted in November, temporarily halted OSHA from implementing and enforcing the vaccination and testing requirements. While the stay was in place, it was unclear whether or not OSHA would be able to fully implement the ETS by January 4 or any time after.

    With the recent decision from the 6th Circuit Court, OSHA now plans to implement the ETS as quickly as possible. To account for the timing uncertainty created by the stay, however, OSHA also has announced that it will not issue non-compliance citations for any of the requirements of the ETS before January 10, 2022, and it will not issue non-compliance citations specifically for the ETS’s testing requirements until February 9, 2022, “so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.” OSHA has also vowed to provide compliance assistance to help employers navigate these new requirements and timelines.

    Shortly after the 6th Circuit’s order, a number of groups challenging the ETS filed emergency applications with the Supreme Court seeking to reinstate the stay. Meanwhile, the federal contractor vaccine mandate and the Centers for Medicare and Medicaid Services’ (CMS) healthcare worker vaccine mandate remain stayed as litigation continues in several federal courts.

    CUPA-HR will keep members apprised of any future legal challenges and decisions made on the OSHA ETS, federal contractor vaccine mandate, and healthcare worker vaccine mandate.



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  • OSHA Emergency Temporary Standard and CMS Interim Final Rule on Vaccination Requirements Released – CUPA-HR

    OSHA Emergency Temporary Standard and CMS Interim Final Rule on Vaccination Requirements Released – CUPA-HR

    by CUPA-HR | November 4, 2021

    On November 4, the Department of Labor’s Occupational Safety and Health Administration (OSHA) and the Department of Health and Human Services’ Centers for Medicare & Medicaid Services (CMS) issued their highly anticipated Emergency Temporary Standard (ETS) and interim final rule (IFR) setting vaccination requirements for employers with 100 or more employees and healthcare workers, respectively. Under the new policies, covered employers with 100 or more employees, healthcare workers at facilities participating in Medicare or Medicaid, AND federal contractors requiring vaccinations under Executive Order 14042 (EO) will be required to be fully vaccinated — either two doses of Pfizer or Moderna, or one dose of Johnson & Johnson — by January 4, 2022.

    A Fact Sheet announcing the new vaccinations rules provides the following information on the OSHA ETS, CMS IFR and federal contractor vaccination requirements:

    OSHA Emergency Temporary Standard

    In lieu of full vaccination, the OSHA ETS for employers with 100 or more employees (covered employers) also offers the option for unvaccinated employees to produce a verified negative COVID-19 test to employers on at least a weekly basis. OSHA does clarify, however, that the ETS does NOT require employers to provide or pay for tests, but notes that employers may be required to pay for testing due to other laws or collective bargaining agreements.

    The ETS also establishes policies that require covered employers to provide paid time off (PTO) for their employees to get vaccinated and, if needed, sick leave to recover from side effects that keep them from working. Additionally, all covered employers will be required to ensure that unvaccinated employees wear a face mask in the workplace. While the testing and vaccination requirements will begin after January 4, the ETS states that covered employers must be in compliance with the PTO for vaccination and masking for unvaccinated workers requirements by December 5, 2021.

    Importantly, OSHA clarifies in the ETS that the rule will not apply to workplaces already covered by the CMS IFR, as well as the federal contractor vaccination requirement set forth by President Biden’s EO and the Safer Federal Workforce Task Force’s vaccination guidance.

    Healthcare Interim Final Rule

    According to CMS, the IFR requiring full vaccination of healthcare employees applies to employees regardless of whether their positions are clinical or non-clinical and includes employees, students, trainees and volunteers who work at a covered facility that receives federal funding from Medicare or Medicaid. It also includes individuals who provide treatment or other services for the facility under contract or other arrangements. Among the facility types covered by the IFR are hospitals, ambulatory surgery centers, dialysis facilities, home health agencies and long-term care facilities.

    Federal Contractor Vaccination Executive Order

    In an effort to streamline implementation of the vaccination requirements, the Biden administration is also announcing that the deadline for previously issued federal contractor vaccination requirements will be extended to January 4, 2022, setting one deadline across the three different vaccination policies. The vaccine requirement for federal contractor compliance was previously set for December 8, 2021.

    Additionally, as mentioned above, federal contractor employers who may otherwise fall under the OSHA ETS covered employer definition will not be required to follow the rules established under the ETS and must continue compliance with the vaccination guidance and requirements set forth by the EO and Safer Federal Workforce Task Force for federal contractors.

    State and Local Preemption

    Early reports of the rules also state that both the OSHA ETS and CMS IFR make it clear that their requirements “preempt any inconsistent state or local laws, including laws that ban or limit an employer’s authority to require vaccination, masks or testing.” More information is likely to follow.

    Additional information is likely to arise as we learn more from the actual text of the ETS and IFR. CUPA-HR will keep members apprised of all new information.



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  • White House Reviews OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard – CUPA-HR

    White House Reviews OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard – CUPA-HR

    by CUPA-HR | October 25, 2021

    On October 12, the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) sent their COVID-19 Vaccination and Testing Emergency Temporary Standard Rulemaking (ETS) to the Office of Information and Regulatory Affairs (OIRA). OIRA is the White House office responsible for reviewing regulations and proposed regulations before they are publicly released.

    The ETS — which has not yet been made public — is expected to require private employers with 100 or more employees to “ensure their workforces are fully vaccinated or show a negative COVID-19 test twice a week” and provide paid time off for obtaining or recovering from the vaccination (additional details regarding what is known about the ETS can be found in this CUPA-HR blog).

    What is an ​Emergency Temporary Standard?

    While most federal agencies are required to provide public notice and seek comment prior to enacting new regulations, OSHA may bypass normal rulemaking and issue an ETS if doing so is necessary to protect workers from a “grave danger.” This allows OSHA to issue the ETS without any feedback from impacted stakeholders and require employers to immediately comply with the ETS upon its publication in the Federal Register.

    ​Office of Information and Regulatory Affairs Review

    OIRA is part of the executive office of the president and is required to review significant regulatory actions — those likely to have an annual effect on the economy of $100 million or more — before they are published in the Federal Register or otherwise issued to the public. As the ETS is determined to be “Economically Significant,” an OIRA review is triggered to ensure that it reflects the goals set forth in President Biden’s COVID-19 Plan and to ensure OSHA has carefully considered the benefits and costs of the ETS before it is issued.

    While draft documents under review are not available for public release, it is OIRA’s policy to meet with interested stakeholders to discuss issues on a rule under review. As of October 22, OIRA has convened 68 meetings with outside stakeholders on the ETS and has scheduled meetings through October 25. While CUPA-HR is aware many more additional pending meeting requests (including our own), OIRA has yet to schedule these, and may not. While OIRA review is limited to 90 days, there is no minimum period of review, and given the urgency associated with the ETS it could be issued as soon as this week.

    CUPA-HR will continue to monitor OIRA’s review process and be sure to inform our membership as soon as OIRA review concludes and OSHA issues the ETS.



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