We now know more details about Gov. Ron Desantis’s plan for COVID-19 vaccine distribution.  He said the state will give priority to long-term care residents, then front-line health care workers can get vaccinated.

But the governor maintains he won’t be forcing anyone to get the vaccine once it’s available.

What You Need To Know

  • Legal experts say long-term care residents can’t be forced to get vaccinated

  • Staff members may be required to get vaccinated, if facilities mandate it

  • Other employers will likely wait for additional guidance

DeSantis said Florida is slated to receive up to two million doses by the end of the year, if both Pfizer’s and Moderana’s COVID-19 vaccines are granted Emergency Use Authorization by the FDA. 

“This will be available but not mandated,” DeSantis said Wednesday in a video message.

Still, legal experts say facilities could make vaccinations mandatory for staff, similar to policies already in place for influenza vaccines.

“Absent a government order requiring vaccinations at nursing homes, it is likely that nursing homes will be able to implement mandatory COVID-19 vaccination policies similar to protocols most already have in place for mandatory influenza vaccinations,” attorney Jennifer Fowler-Hermes told Spectrum News. “However, as with mandatory influenza vaccinations policies, employers may need to include possible exemptions for employees with disabilities or sincerely held religious beliefs.”

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It’s a different story when it comes to residents, though – especially without an order from the state.

“Your rights don’t change in a long-term care facility,” elder law attorney Andrew Boyer explained. “In fact, you might even have greater rights because there is a long-term care facility bill of rights, both a state and national one.”

According to Florida statute, residents have “the right to refuse medication or treatment.” 

Though, before making that decision, Boyer has some advice.

“I think it’s less of a legal question and more of an individual concern,” Boyer said. “So, the best advice is talk to your doctor. Air those concerns out and make sure they’re addressed. And ultimately, if they’re not, then you’ve got to make that personal decision yourself.”