Allows nursing homes and assisted living facilities to require staff to be vaccinated for flu

State: DE
Bill Number: SB 253
Position: OPPOSE
Action Required: None
Status: Enacted, signed by the Governor and effective on 6/14/2022

Legislation Details:

UPDATE: 6/14/2022 -SB 253 was signed by the Governor and went into effect.

UPDATE: 5/17/2022 - SB 253 passed the House in a 32-7 vote.  Contact Governor John Carney and ask him to veto the bill.

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Phone: 302-744-4101 (Dover Office) or 302-577-3210 (Wilmington Office)


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820 N. French Street
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Wilmington, DE  19801


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150 Martin Luther King Jr Blvd South
Dover, DE  19901

UPDATE: 5/11/2022 - SB 253 passed the House Health & Human Development Committee.

UPDATE:  5/6/2022 - SB 253 is scheduled for a hearing in the House Health & Human Development Committee on Wednesday, May 11th at 11:00 AM in the House Chamber. Agenda -

UPDATE: 5/4/2022 - SB 253 passed the Senate on 5/3/2022 and was referred to the House Health & Human Development Committee on 5/4/2022.

UPDATE: 4/6/2022 - SB 253 passed the Senate Health and Social Services Committee in a 3-1-1 vote.

UPDATE: 4/1/2022 - SB 253 is scheduled for a virtual hearing in the Senate Health and Social Services Committee on Wednesday, April 6 at 10:00 AM.  Agenda -   Link to provide public comment -

SB 253 was introduced and referred to the Senate Health and Social Services Committee on 3/22/2022.  This bill is sponsored by Senator McBride

The synopsis of the bill states - This bill provides flexibility for nursing and assisted living facilities to make hiring decisions contingent on staff influenza vaccination status. 

Current law states:

§ 1144. Influenza immunizations.

(a) Nursing and assisted living facilities shall annually offer, beginning no later than October 1 and extending through March 1 of a calendar year, onsite vaccinations for influenza vaccine to all employees with direct contact with patients at no cost and contingent upon availability of the vaccine.

(b) The facility shall keep on record a signed statement from each employee stating that the employee has been offered vaccination against influenza and has either accepted or declined such vaccination.

(c) Employment will not be contingent on influenza immunization.

This bill removes (c) and would allow nursing homes and assisted living facilities to mandate flu vaccines for their staff. - text, status and history for SB 253