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Let’s Connect: Can an Employer Make COVID
ACHE of South Florida Vaccination Mandatory?
The short answer is Yes, an employer can likely
Spotlight mandate COVID-19 vaccination from its employees.
Here is the logical and legal basis for that conclu-
sion:
Florida Statute Chapter 381 on Public Health
ACHE Spotlight: makes it possible for the government and the commu-
nity at large to tackle highly communicable diseases,
Francis Afram-Gyening, CEO, such as AIDS, etc. Being that COVID-19 is: (i) a high-
ly communicable disease that readily transmits from
one person to another without physical contact, just
Camillus Health Concern based on proximity alone, and (ii) if transmitted, it
can have a highly detrimental and a severe impact on
those afflicted by it; thus requiring all employees to BY BEN ASSAD MIRZA,
BY VANESSA ORR ‘How can I scale that ESQ., LLM, CPA,
up?’” he said. “As a be vaccinated is not only a logical but a likely conclu- MPHA, CHC
When Francis Afram- result of lessons learned sion.
Gyening became the new through ACHE, I was However, there will be exceptions that have to be
CEO of Camillus Health able to work with col- taken into account: (i) medical or (ii) religious reasons. Some individuals may
Concern in 2017, he had a leagues in Cleveland to have a medical condition that keeps them from getting vaccinated, i.e. like those
lot of big goals in mind. And build a 30,000 sq. ft. with autoimmune deficiencies or another conflicting ailment. Some individuals
not only has he succeeded facility in the most may have a religious belief to not be injected with the chemical composition of a
in growing the Miami impoverished area of vaccine into their body. In either event, if the exception is invoked by an employ-
agency, which delivers Cleveland, and I used ee, the onus will be upon the employer to make “reasonable accommodations” for
healthcare to people experi- that motivation to seek the person requesting it, i.e. remote work capabilities, reasonable shielding of the
encing homelessness, but he $14 million in funding individual, etc. There is actually a third level of resistance, which is not recog-
has been able to ensure to provide medical, den- nized under law, that is “fear”. I doubt there is much protection for that.
financial stability while Francis Afram-Gyening tal, behavioral, health, It will be interesting how we emerge out of 2021 as a community and as a soci-
expanding services—even and pharmacy services ety. Stay tuned.
during the COVID-19 crisis. to area residents.”
“Under the guidance of the board, we Afram-Gyening joined ACHE in 2001 If you have a unique scenario, send an email to Ben Assad Mirza, Healthcare Law
have been able to accomplish significant and took a very active role, serving as Partners, LLC, at BAM@HealthcareAttorney.Net.
milestones,” he said. “When I came on vice-president and membership chair
board, we had 26,000 patient visits a before becoming president of the South
year, and that is now up to almost Florida chapter in 2007. In 2004, he was
35,000,” he said “In 2017, we served honored by the American College of Visit us on the web at
approximately 4,400 people, which has Healthcare Executives with its Early
increased to 6,036.” Career Healthcare Executive Award. www.southfloridahospitalnews.com
www.southfloridahospitalnews.com
Despite the fact that during the pan- “I joined ACHE because of the oppor-
demic, many community health centers tunities it gives to members; it opens
closed sites and laid off staff, Camillus doors,” he explained. “And you get to
Health remained open and not only kept learn from seasoned mentors who have
all of its employees, but hired more. been through what you’re going through,
“We did not lay anyone off, or fur- and who can prevent you from experi-
lough anyone; in fact, we added 11 more encing some of the pitfalls that you
staff,” said Afram-Gyening. might hit in your career.
He noted that Camillus Health is also “To be able to pair with a seasoned
financially strong. “Out of our $10 mil- mentor to get guidance and to help you
lion budget, we were able to set aside hone your talents helps you be confident
$2.4 million in rainy day funds to keep in whatever position you take,” he
ourselves financially viable,” he said, added.
adding that the organization has also He said that while the mentoring
continued to raise funding from local aspect was most important to him, there
and national foundations, as well as the are also the added advantages of the edu-
federal government. cational programs, and being able to
Camillus Health also added an addi- attend the annual conference.
tional site in Miami, partnering with a “At the conference, you can learn
Salvation Army shelter. about the innovative things happening in
“That way, the residents can receive the healthcare industry, and that helps
care right there, which reduces trans- whether you work in a hospital or for a
portation barriers and allows us to serve community health center, or ambulatory
more people,” said Afram-Gyening. clinic,” he said.
Realizing the need for dental services, For individuals beginning a healthcare
Camillus Health also expanded its dental career, he suggests joining ACHE early.
suite by hiring three part-time dentists “Even while you’re in school, you should
and one full-time hygienist. In 2020, the join the College,” he said, adding that
organization was accredited as a Patient- there are student discounts, as well as
Centered Medical Home (PCMH) by the scholarships available to attend the con-
National Committee for Quality Assur - ference. “It will expose you to network-
ance (NCQA). ing opportunities with leaders in the
Afram-Gyening credits his success to community, and you can learn from their
thinking boldly; a talent that he feels was experiences.”
developed by the things he learned and He also encourages current members
the advice he received as a member of the to pursue the fellowship path. “The fel-
American College of Healthcare Exec - lowship designation establishes your
utives (ACHE). competence, and showcases your ability
“What I learned in ACHE helped me to to think broadly when you take on a
come up with bigger, bolder, hairy, auda- project,” he said. “It demonstrates your
cious goals; with everything I do I think, knowledge to your colleagues.”
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