by Terri Jo Neff | Dec 19, 2021 | News
By Terri Jo Neff |
COVID-19 exhaustion is not a medical term, although what it represents can be as emotionally fatiguing as the virus can be physically draining. It describes the sense of frustration and weariness that comes from reacting 24/7 to a pandemic for the last 20 months.
AZ Free News looks at some of the events which occurred last week in federal courthouses, corporate offices, and the Arizona statehouse which illustrate the confusing regulations, legal rulings, and political posturing commonly found with COVID-19 exhaustion.
Private vs. Public Employees
On Dec. 15, Gov. Doug Ducey issued yet another executive order concerning COVID-19. Among the nine-page order are 19 words which seemingly ensure municipal, county, and state officials cannot impose any COVID-19 vaccination on citizens, businesses, or public employees:
“No person shall be required by this state, or any city, town or county to obtain a COVID-19 vaccine…”
Yet just two days later, Tucson Mayor Regina Romero issued a dismissive response to Ducey’s order as she doubled down on enforcing a city ordinance passed in November that allows for termination of any city employee who did not provide prove of vaccination or had not gone through an exemption process.
Meanwhile, the illnesses and deaths of several public safety workers across Arizona who contracted COVID-19 are being classified as work-related, which allows for various financial benefits for the employee or family. At the same time, a growing number of private companies have discontinued assistance for unvaccinated frontline employees who contact COVID-19.
The latest employer to do so is Kroger Co., which owns 2,700 supermarkets and multi-department stores across the country under several names. In Arizona, Kroger operates the Fry’s Food Stores.
According to Kroger’s announcement, any of the company’s 465,000 employees who are not vaccinated will no longer be eligible for two weeks of paid emergency leave if they fall ill. In addition, a $50 monthly health insurance surcharge will soon be imposed onunvaccinated nonunion employees.
A similar COVID-19 health plan surcharge was implemented by Pima County against several hundred of its employees who have not been vaccinated. The county’s action, which is expected to cost employees $100 a month, is the subject of a federal lawsuit filed last week by the Arizona Conference of Police and Sheriffs (AZCOPS).
Another problem that has developed as a result of various vaccination mandates is the uneven -and potentially discriminatory- decisions by companies and government entities in response to applications for religious and medical exemptions. There are also concerns over employee privacy.
The City of Phoenix issued its own COVID-19 vaccination mandate back in November, citing the city’s status as a federal contractor. The city’s 14,000 or so employees were given a Jan. 18 deadline, along with the option of applying for a medical or religious exemption.
Many employees balked at the exemption process after learning they would have to reveal deeply personal medical and religious information to fellow city employees with the Human Resources, Equal Opportunity, and Law departments.
The Phoenix mandate is on hold while the federal court address challenges to the Biden Administration’s federal contractor vaccination mandate. If reactivated, the city’s mandate allows for termination.
Federal Court Decisions
While a legal challenge or two have been threatened against Ducey’s latest executive order, Arizonans who work for the federal government have not had success challenging President Joe Biden’s executive order that requires federal employees to get the shot.
But for workers of private companies with 100 or more employees, for those who work for a federal contractor, or whose employer receives Medicare & Medicaid funds, things get a whole lot murkier.
A federal appeals court recently put on hold the Centers for Medicare & Medicaid Services rules which require staff at any facility which participates in the Medicare and Medicaid programs to get the COVID-19 vaccination, regardless of whether that staff member has patient contact.
But even if that rule never goes into effect, healthcare workers in Arizona may not have recourse to challenge any employer mandated vaccination policy, thanks to Ducey’s Dec. 15 executive order. The governor specifically allows “a health care institution licensed pursuant to A.R.S. Title 36, Chapter 4” to require its employees to be vaccinated, although a medical and religious exemption must be offered.
There is also a Biden executive order which requires federal contractors and subcontractors to implement a mandatory employee vaccination policy. A federal court order put that mandate on hold earlier this month, but the U.S. Department of Justice continues to argue the President has authority to impose such a requirement on America’s private businesses.
The Biden Administration mandate with the biggest reach is one issued by OSHA that affects more than 80 million workers. An emergency OSHA rule requires companies with 100 or more employees to implement COVID-19 vaccination protocols or face financial penalties. The OSHA rule also requires unvaccinated workers to undergo frequent testing, and only provides for a medical exemption.
A federal court had put the OSHA rule on hold due to legal challenges from multiple states and employers. However, last Friday a federal appellate court allowed the mandate to go into effect pending any possible action by the U.S. Supreme Court which was asked on Saturday by several parties to get involved sooner than later.
It did not take long for OSHA to react to last week’s lifting of the hold. The agency issued a statement Saturday warning those companies with more than 100 employees to comply by Jan. 10 or face citations and penalties.
The Trauma Surgeon
Mental COVID-19 exhaustion can also be caused by the frustration brought on by inane vaccination mandate protocols. A glaring head-scratcher of such a mandate comes from Phoenix-based Banner Health, Arizona’s largest private employer.
Until recently, Dr. Devin L. Gray held medical privileges at several Banner hospitals, just as he does at many other Maricopa County hospitals. But Gray, a surgeon with 30 years of experience, is no longer allowed to use his specialty skills as a life-saving trauma surgeon at Banner’s facilities.
The reason? A Banner Health administrator did not find Gray’s request for a religious exemption to the company’s vaccination mandate to be sincere. The other hospitals -Arizona General Hospitals, Chandler Regional Medical Center, Mercy Gilbert Medical Center, and Mountain View Medical Center- did.
Gray has asked the Arizona Attorney General’s Office to look into the exemption inconsistencies, as well as the amount of deeply personal information some companies are demanding from employees who apply for a medical or religious exemption.
In the meantime, Gray has been told by a Banner Health executive that he can be treated as a patient at their facilities. He is also free to visit patients at a Banner facility. But he can’t treat those patients’ medical emergencies.
by Corinne Murdock | Dec 19, 2021 | Education, News
By Corinne Murdock |
Not all attendees were masked up at the Arizona School Boards Association’s (ASBA) Annual Conference last week, despite having a mask mandate in place. ASBA fought for local school districts to be able to establish mask mandates; they joined a lawsuit that prevailed against Governor Doug Ducey’s mask mandate ban.
Pima County Superintendent of Schools Dustin Williams was one leader spotted maskless during the Superintendents Division Business Meeting. In addition to ASBA’s conference mandate, most of Williams’ school districts have mask mandates in place for their students: Ajo Unified, Amphitheater Unified, Catalina Foothills Unified, Flowing Wells Unified, Sunnyside Unified School District, Tanque Verde Unified, and Tucson Unified.
A number of school officials were also maskless as they recorded testimonies for ASBA. One of them was Red Mesa Unified School District Interim Superintendent Dr. Amy Fuller, former interim superintendent for Scottsdale Unified School District. Fuller’s district currently requires face masks at all times indoors.
Unlike the county superintendent, Tanque Verde Unified Governing Board Member Anne Velosa wore a mask for her testimony.
AZ Free News reported in September that a number of attendees at an ASBA conference also didn’t mask up. ASBA spokespersons explained that they had a loosely enforced mask mandate in place, and that the individuals were from various districts with different beliefs on masking.
Parents have voiced concerns about their children’s social development, or the quality of education for those with special needs or disabilities. Current experts on the controversial social-emotional learning (SEL) admit that they don’t have complete studies on the impact of masking on children’s development. However, they speculated that educators could adjust somehow to work around the masks. Feasible solutions haven’t been presented for students who rely on seeing mouths to learn, such as deaf or hearing-impaired students — though some suggest clear masks, those present their own issues like fogging up.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Dec 18, 2021 | News
By Corinne Murdock |
Tuesday, the Pima County Attorney’s Office announced it would no longer charge individuals for simple drug possession, paraphernalia, or related personal-use incidents. The policy won’t apply to those arrested for simple possession and a felony offense.
Pima County Attorney Laura Conover said in a memo to law enforcement that low vaccination rates forced her hand in deciding to decline prosecution of more minimal drug charges.
“A sizable percentage of [society] has expressed disinterest in the vaccine, depriving us of the herd immunity that would have put this virus behind us,” said Conover. “COVID is now spreading inside the jail, putting people there at risk. The health and safety of our community are paramount.”
Conover’s policy mirrored that established by her predecessor, Barbara LaWall, in March 2020. Conover explained she lifted LaWall’s policy after the vaccine became widely available and the county established the nation’s first pre-charge drug court, STEPs. Conover urged law enforcement to deflect offenders to drug treatment, like CODAC.
One of Conover’s biggest goals has been to stop prosecuting the “poor, sick, and addicted.” Part of that includes getting rid of cash bail. When she assumed office in January, Conover instructed her prosecutors to not ask for cash bail, and limited certain deportations.
In August, Conover told KOLD that she wanted to abolish cash bail entirely. That’s something she also claimed had a negative impact on the COVID-19 pandemic.
“You can’t have so many people packed into a space because it’s a huge public health problem for people who are brought into the jail for corrections officers and other professionals,” said Conover.
That same month, the Tucson City Court released without bond a man arrested for shooting at an officer. Previous Tucson Police Chief Chris Magnus criticized the decision in a now-deleted Twitter account; Conover wouldn’t comment on the specifics of the case, but said that the man should’ve received bond because he posed a threat to the community.
Earlier this month, Magnus was appointed as the new head of Customs and Border Protection. Officer Chad Kasmer was appointed as Tucson’s new police chief.
Conover’s progressive perspective on criminal justice reform earned the support of a number of noteworthy left-wing activists, like Planned Parenthood Advocates of Arizona and John Legend.
Similar or identical progressive reforms were first championed by Milwaukee District Attorney John Chisholm. His reforms led to the release of Darrell Brooks, the man behind the Waukesha Christmas parade massacre. According to the MacIver Institute, of over 900 individuals given deferred prosecution agreements under Chisholm’s tenure, 30 percent went on to commit more crimes, fail to appear in court, or fail to follow court-ordered requirements.
Since assuming office, Conover’s office has experienced massive staff turnover rates.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Terri Jo Neff | Dec 18, 2021 | News
By Terri Jo Neff |
Many members of the Arizona Automobile Dealers Association spent 2021 struggling to get popular makes and models onto showrooms due to supply chain issues. And it looks like 2022 will hold even more challenges for those buying and selling new cars, although a recent survey provides a suggestion to make the buying experience less costly.
On Dec. 15, the Federal Reserve Board released a policy statement which sets the stage for an interest rate increase next year. In total, three rate hikes are expected in 2022 if a set of fiscal events occur as projected.
As if the increased cost to finance a new vehicle isn’t enough, the rising cost of insurance premiums next year is another economic challenge expected to impact auto sales. In 2022, rates are expected to increase five percent, even among popular “discount” insurers.
This will likely drive some buyers away from a vehicle they could otherwise afford to finance but cannot afford to insure, according to DealerPolicy.
To better understand the role of insurance in the auto-buying process, Vermont-based DealerPolicy recently conducted a survey of auto dealers and car-buyers about the impact premiums have on new car sales, 70 percent of which occur at a dealership.
What DealerPolicy found is that a large majority of car shoppers believe auto insurance is inseparable from the overall car buying experience. In fact, 72 percent of prospective car buyers considered the cost of premiums before signing a sales agreement.
“For most people, insurance consideration begins before the vehicle is purchased,” the survey report states, adding that nearly half of buyers indicated the cost of auto insurance influenced their decision of what vehicle to purchase.
DealerPolicy found that 90 percent of the responding dealerships admitted insurance coverage has at times negatively affected the ability to make a sale. But the survey highlights a window of opportunity for dealerships to address the reality that 70 percent of buyers expect their insurance rates to go up but only 29 percent bothered to shop around ahead of time for a better rate.
According to the survey report, 71 percent of buyers responded in the affirmative about welcoming an opportunity to get assistance with auto insurance at the dealership during the purchase process. Such assistance could be as simple as a referral to a local independent or franchised insurance agent or someone at the dealership connecting the buyer by phone with some insurance companies.
Dealerships could even arrange for an independent or franchised agent to be on-site.
“It’s clear that there is room for improvement for both audiences when it comes to auto insurance,” the survey concluded.
One option is utilizing a digital insurance marketplace where buyers can easily shop for competing car insurance from their smartphone while in the dealership showroom. The survey found dealers and buyers overwhelmingly agreed such an option would improve the purchase experience.
It would also ensure better owner satisfaction by providing drivers with an understanding of how much insurance will cost even before the vehicle is driven off the lot, the survey found.
Tips and information about purchasing a new vehicle can be obtained from any member of the Arizona Automobile Dealers Association. https://www.aada.com/Home/DealerLocator/
by Corinne Murdock | Dec 17, 2021 | News
By Corinne Murdock |
Governor Doug Ducey carved out an exemption for hospitals in his renewed executive order addressing COVID-19 vaccine mandates (EO 2021-21), though it banned the state and all counties, cities, and towns from implementing any. Additionally, Ducey issued hospitals $35.2 million in grants to aid in staffing shortages. The $35.2 million meted out to $1.2 million in dialysis center support to Valleywise Health, $6 million for more beds, and $28 million to extend around 300 nursing staff contracts.
According to campaign finance records, Arizona’s hospitals did greatly support Ducey during both of his gubernatorial campaigns: Tenet Healthcare, West Valley Hospital, Carondelet Health, Honor Health, Maricopa Integrated Health System (now Valleywise Health), Banner Health, Dignity Health, and Yuma Regional Medical Center.
Health insurance giants also supported Ducey during his two campaigns: UnitedHealth, WellCare Health Plans, Cigna, and Blue Cross Blue Shield.
Makers and distributors of the COVID-19 vaccine had Ducey’s back as well: Pfizer and McKesson donated thousands to Ducey’s campaigns respectively. McKesson is a major distributor of the COVID-19 vaccine, and Ducey’s special advisor on vaccination efforts, Dr. Richard Carmona, was one of the latest additions to the distributor’s board. Carmona was appointed to the board about two weeks after Ducey announced him as an advisor to the state.
12 News reported Carmona receives approximately $400 an hour from the state to promote the vaccine through Arizona Department of Health Services (ADHS). For about two collective weeks of work, Carmona has earned over $35,000. ADHS spokespersons confirmed that Carmon will remain in his advisory role past the December 31 contract end date — possibly through 2022.
The Arizona Hospital and Healthcare Association (AHA) thanked Ducey for this decision to reaffirm their mandating abilities. The AHA and its former president supported Ducey during both his runs for governor with thousands in donations.
The funds follow $60 million allocated in September to aid in health care facility staffing for administering treatments to decrease COVID-19 hospitalizations.
Arizona, like many other states, is facing a nursing shortage; their number determines the number of beds available for patients. Earlier this month, ADHS asked the Federal Emergency Management Agency (FEMA) for staff who can aid in monoclonal antibody treatments at Banner Health, Carondelet St. Joseph’s Hospital, Banner Health Plus, Banner Estrella Medical Center, Valleywise Health Medical Center, Dignity Health Arizona General Hospital, and Abrazo Central Campus, as well as emergency support at Yuma Regional Medical Center and Canyon Vista Medical Center.
ADHS confirmed the first case of the Omicron variant of COVID-19 last week in Yavapai County.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Dec 16, 2021 | News
By Corinne Murdock |
The Arizona Corporation Commission (ACC) passed a motion to prohibit utility companies from mandating the COVID-19 vaccine for their employees, 3-2. Commissioners Lea Márquez Peterson, Justin Olson, and Jim O’Connor voted for a policy prohibiting COVID-19 vaccine mandates; Commissioners Sandra Kennedy and Anna Tovar voted against it. If utility companies do impose a mandate down the road, they will be subject to fines.
O’Connor insisted that it wasn’t good for employment or individual choice to allow utilities to mandate the COVID-19 vaccine. He reminded the commissioners that all of President Joe Biden’s vaccine mandates have been halted by federal courts.
“I think this is our good way of taking care of Arizona’s citizens, workers, and voters,” said O’Connor. “If you force-vaccinate everybody and either having a lot of people leave or fire a lot of people — how do you keep the lights on? How do you keep the water flowing? How do you keep running the business? […] And then, how are you going to treat these employees on their way out the door, after their ten, twenty, thirty years of insurance?”
Olson added to O’Connor’s remarks with a more pointed criticism of Biden’s mandate.
“The unconstitutional overreach of the Biden Administration needs to be challenged,” said Olson. “It is absolutely inappropriate for the government to require anyone to be vaccinated against their will. Anybody has the right to receive the vaccination, but we as the government do not have the right to be requiring folks to make a choice between receiving a vaccine against their will or losing their employment.”
None of the utility companies present at the meeting reported having a vaccine mandate. The companies all noted that they would comply with federal law and regulations.
Kennedy criticized the commission, saying that mandatory vaccinations aren’t new concepts and that those opposed to vaccine mandates are making the pandemic a partisan issue. She added that the vaccine didn’t fall under the question of freedoms.
“It is not responsible for a commission without a single expert in health care or medicine to weigh in on this issue,” said Kennedy. “It is also not responsible for commissioners to make statements spreading unfounded rumors which confuse and endanger the public. I would ask commissioners, before you take a stance possibly geared towards political ambition, to consider the Arizonans filling our hospitals and in ICU beds right now. Many hooked onto ventilators, dying alone.”
Olson responded by reiterating the ACC’s constitutional responsibility to protect employees’ freedom to choose.
Tovar said she felt it was premature to vote on something barring vaccine mandates when there aren’t any in place currently.
The policy to bar vaccine mandates was introduced by Olson and O’Connor last month.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
