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 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 Terri Jo Neff | Dec 13, 2021 | News
By Terri Jo Neff |
Many Arizona small businesses were forced to shutter under Gov. Doug Ducey’s various pandemic executive orders, never to reopen. But after Michael Pollack learned his six-screen Pollack Cinemas in Tempe had to close in March 2020, he decided to use the time to renovate the business, which finally had its long anticipated reopening last week.
Pollack has achieved great success as a commercial and industrial real estate investor in Arizona, California, and Nevada. But he told AZ Free News that owning Pollack Cinemas “is more of a labor of love.”
Before Arizonans heard of COVID-19, the projectors at Pollack Cinemas had been running seven days and nights a week for several years. But indoor movie theaters and other “non-essential” businesses were suddenly closed down for several months. What could have been a curse became an opportunity, says Pollack, who was on hand Dec. 10 when the projectors were turned back on and movie-goers ponied up $3.50 for a ticket, the same price as the last decade
Yet despite the modernization, Pollack insists the discount theater’s motto remains the same – that quality is never compromised for price.
“Our mission has always been to provide our customers with a unique experience that starts at the front door.,” Pollack said. “At the heart of our theater is our vision to bring families together for a movie at a price everyone can afford.”
During the closure, Pollack and his wife Cheryl oversaw renovations that involved every aspect of their business located at McClintock Drive and Elliot Road. Many of the changes, such as touchless fixtures throughout the restrooms and 1,300 all new seats with an easier-to-sanitize leatherlike covering, were influenced by COVID-19.
“We’re trying to do everything we can to be as safe as possible,” Pollack said.
There are also new ceilings throughout the six theaters as well as new flooring and new contemporary lighting. But other upgrades, including an upgraded sound system, a redesigned concession stand, and 16 holograms located throughout the lobby, were about providing a high quality experience for audiences.
“The truth is it was a complete makeover,” Pollack says, one that would not have had as good of an outcome without the efforts of several Arizona contractors, including Shamrock Electric and Merestone Event Production. “Everything has been extremely well received.”
According to the Independent Cinema Alliance, its segment of the movie industry was responsible for $3 billion in annual sales pre-pandemic. That represented nearly 20 percent of the North American box office.
For now, Pollack Cinemas will show movies Friday through Sunday, with the family-friendly “Elf” returning for its annual holiday run. The other days are set aside for the six theaters to be rented out for meetings and special events, including one theater which seats nearly 290 people and can be easily transformed to host small concerts.
Pollack isn’t expecting to have sell-out audiences anytime soon. He understands it will take time to get movie-goers back into the habit of going out again.
“There are loyal movie-goers out there,” Pollack says, adding that he hopes to draw in new guests, particularly those only used to watching movies on little screens. “Pollack Cinemas has always offered a very cool, unique experience. No matter how big your home screen is, it’s not the same experience as you get at a movie theater. I look forward to sharing it with as many people as we can.”
On Dec. 17, there will be a special early screening of the biopic “American Underdog” about former Arizona Cardinal quarterback Kurt Warner. It will be joined by several other movies, including Guillermo del Toro’s highly anticipated suspense / thriller “Nightmare Alley” with its all-star of Bradley Cooper, Cate Blanchett, Rooney Mara, David Strathairn, Willem Dafoe, Toni Collette, Ron Perlman, and Mary Steenburgen.
Pollack says he expects to offer online ticket purchasing later this month as well as reserved seating. More information about Pollack Cinemas and showtimes are available at https://www.pollacktempecinemas.com
by Corinne Murdock | Dec 9, 2021 | Education, News
By Corinne Murdock |
In the wake of multiple federal court rulings striking down all provisions of President Joe Biden’s vaccine mandates, Maricopa County Community College District (MCCCD) has suspended their vaccine mandate for employees. A number of colleges and universities followed Biden’s executive order requiring federal contractors to get vaccinated.
MCCCD notified employees that it would hold onto the policy detailing their now-suspended mandate on their website, indicating that they would await further ruling on the subject. For the time being, their January 7 deadline is no longer in effect.
“Given the rapidly changing landscape, if an employee would like to voluntarily provide your vaccine information or continue with the accommodation process you may certainly do so,” wrote MCCCD. “MCCCD will leave the Federal Vaccine Mandate submission structure (including this website) in place and will continue to monitor the situation.”
All three of Arizona’s public universities — Arizona State University (ASU), Northern Arizona University (NAU), and University of Arizona (UArizona) — also have employee vaccination mandates in place. UArizona and NAU told AZ Free News that they were reviewing the court ruling and its potential impact, and indicated that ASU was as well.
“At this time, we continue to strongly encourage employees to get vaccinated and verify their vaccination status,” said UArizona spokeswoman Holly Jensen.
Pima Community College also has a vaccine mandate; spokeswoman Libby Howell told Arizona Republic that they were keeping their mandate in place despite the ruling, but noted that their governing board may decide to vote to suspend it next week.
The federal contractor vaccine mandate was suspended nationwide on Tuesday by U.S. District Judge R. Stan Baker, a Trump appointee to Georgia’s southern district court, in the State of Georgia, et al., v. Biden, et al.
Baker’s opinion concurred with those issued by judges in separate rulings on other mandates prompted by Biden: that the president’s exercise of power didn’t align with the Constitution or other legal precedents. Baker also cited the ruling of another federal judge in Kentucky, Gregory Van Tatenhove, a Bush appointee, who previously suspended the same order in several states: Kentucky, Ohio, and Tennessee.
“As another Court that has preliminarily enjoined the same measure at issue in this case has stated, ‘[t]his case is not about whether vaccines are effective. They are.’ […] Moreover, the Court acknowledges the tragic toll that the COVID-19 pandemic has wrought throughout the nation and the globe,” wrote Baker. “However, even in times of crisis this Court must preserve the rule of law and ensure that all branches of government act within the bounds of their constitutionally granted authorities. Indeed, the United States Supreme Court has recognized that, while the public indisputably ‘has a strong interest in combating the spread of [COVID-19],’ that interest does not permit the government to “act unlawfully even in pursuit of desirable ends.”
The reason that Baker applied his ruling nationally — as opposed to a limited application like Tatenhove’s Kentucky v. Biden ruling — was because the intervening plaintiff, Associated Builders and Contractors, Inc. (ABC), is a national company.
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 6, 2021 | Economy, News
By Terri Jo Neff |
As if small business owners haven’t had enough to deal with, now comes word that Congress pulled the rug out from under a major COVID-19 relief program that was supposed to run through the end of 2021.
Instead, many business owners are left scrambling to adjust their business plan with just three weeks left in the year.
The Employee Retention Tax Credit (ERTC) program was approved by Congress in 2020 to allow many small business owners to offset much of the cost of payroll taxes for those employees who were retained despite the pandemic. The program was to run through Jan. 1, 2022, allowing employers to claim credits of up to $7,000 per employee per quarter for all four quarters this year.
But that abruptly changed when President Joe Biden recently signed the Infrastructure Investment and Jobs Act.
According to the White House-supported legislation, the ERTC program came to a halt as of Sept. 30. That retroactive end means business owners who developed their budget based on claiming the credits Congress previously approved for the fourth-quarter will have a rude awakening at tax time.
Restaurants, retail, and professional services businesses are among the industries expected to be hardest hit by ERTC’s early termination, which was not previously publicized by the Biden Administration. It has fallen on business and trade associations to get the word out after the fact, but it is feared the message will be too late for many small businesses.
The National Federal of Independent Businesses is encouraging impacted business owners to notify their U.S. Representatives and Senators in hopes Congress will address the problem by restoring the original end date.
Information about the ERTC, including employer eligibility and claiming the credits, can be found at https://www.nfib.com/content/legal-blog/coronavirus/the-employee-retention-tax-credit-erc-what-small-businesses-need-to-know/
