Jenny Deam

'Wait times can now be measured in days': How non-COVID patients are paying the price for the Delta surge

This was first published by ProPublica, a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

What first struck Nathaniel Osborn when he and his wife took their son, Seth, to the emergency room this summer was how packed the waiting room was for a Wednesday at 1 p.m.

The Florida hospital's emergency room was so crowded there weren't enough chairs for the family to all sit as they waited. And waited.

Hours passed and 12-year-old Seth's condition worsened, his body quivering from the pain shooting across his lower belly. Osborn said his wife asked why it was taking so long to be seen. A nurse rolled her eyes and muttered, “COVID."

Seth was finally diagnosed with appendicitis more than six hours after arriving at Cleveland Clinic Martin Health North Hospital in late July. Around midnight, he was taken by ambulance to a sister hospital about a half-hour away that was better equipped to perform pediatric emergency surgery, his father said.

But by the time the doctor operated in the early morning hours, Seth's appendix had burst — a potentially fatal complication.

As the nation's hospitals fill and emergency rooms overflow with critically ill COVID-19 patients, it is the non-COVID-19 patients, like Seth, who have become collateral damage. They, too, need emergency care, but the sheer number of COVID-19 cases is crowding them out. Treatment has often been delayed as ERs scramble to find a bed that may be hundreds of miles away.

Some health officials now worry about looming ethical decisions. Last week, Idaho activated a “crisis standard of care," which one official described as a “last resort." It allows overwhelmed hospitals to ration care, including “in rare cases, ventilator (breathing machines) or intensive care unit (ICU) beds may need to be used for those who are most likely to survive, while patients who are not likely to survive may not be able to receive one," the state's website said.

The federal government's latest data shows Alabama is at 100% of its intensive care unit capacity, with Texas, Georgia, Mississippi and Arkansas at more than 90% ICU capacity. Florida is just under 90%.

It's the COVID-19 cases that are dominating. In Georgia, 62% of the ICU beds are now filled with just COVID-19 patients. In Texas, the percentage is nearly half.

To have so many ICU beds pressed into service for a single diagnosis is “unheard of," said Dr. Hasan Kakli, an emergency room physician at Bellville Medical Center in Bellville, Texas, about an hour from Houston. “It's approaching apocalyptic."

In Texas, state data released Monday showed there were only 319 adult and 104 pediatric staffed ICU beds available across a state of 29 million people.

Hospitals need to hold some ICU beds for other patients, such as those recovering from major surgery or other critical conditions such as stroke, trauma or heart failure.

“This is not just a COVID issue," said Dr. Normaliz Rodriguez, pediatric emergency physician at Johns Hopkins All Children's Hospital in St. Petersburg, Florida. “This is an everyone issue."

While the latest hospital crisis echoes previous pandemic spikes, there are troubling differences this time around.

Before, localized COVID-19 hot spots led to bed shortages, but there were usually hospitals in the region not as affected that could accept a transfer.

Now, as the highly contagious delta variant envelops swaths of low-vaccination states all at once, it becomes harder to find nearby hospitals that are not slammed.

“Wait times can now be measured in days," said Darrell Pile, CEO of the SouthEast Texas Regional Advisory Council, which helps coordinate patient transfers across a 25-county region.

Recently, Dr. Cedric Dark, a Houston emergency physician and assistant professor of emergency medicine at Baylor College of Medicine, said he saw a critically ill COVID-19 patient waiting in the emergency room for an ICU bed to open. The doctor worked eight hours, went home and came in the next day. The patient was still waiting.

Holding a seriously ill patient in an emergency room while waiting for an in-patient bed to open is known as boarding. The longer the wait, the more dangerous it can be for the patient, studies have found.

Not only do patients ultimately end up staying in the hospital or the ICU longer, some research suggests that long waits for a bed will worsen their condition and may increase the risk of in-hospital death.

That's what happened last month in Texas.

On Aug. 21, around 11:30 a.m., Michelle Puget took her adult son, Daniel Wilkinson, to the Bellville Medical Center's emergency room as a pain in his abdomen became unbearable. “Mama," he said, “take me to the hospital."

Wilkinson, a 46-year-old decorated Army veteran who did two tours of duty in Afghanistan, was ushered into an exam room about half an hour later. Kakli, the emergency room physician there, diagnosed gallstone pancreatitis, a serious but treatable condition that required a specialist to perform a surgical procedure and an ICU bed.

In other times, the transfer to a larger facility would be easy. But soon Kakli found himself on a frantic, six-hour quest to find a bed for his patient. Not only did he call hospitals across Texas, but he also tried Kansas, Missouri, Oklahoma and Colorado. It was like throwing darts at a map and hoping to get lucky, he told ProPublica. But no one could or would take the transfer.

By 2:30 p.m., Wilkinson's condition was deteriorating. Kakli told Puget to come back to the hospital. “I have to tell you," she said he told her, “Your son is a very, very sick man. If he doesn't get this procedure he will die." She began to weep.

Two hours later, Wilkinson's blood pressure was dropping, signaling his organs were failing, she said.

Kakli went on Facebook and posted an all-caps plea to physician groups around the nation: “GETTING REJECTED BY ALL HOSPITALS IN TEXAS DUE TO NO ICU BEDS. PLEASE HELP. MESSAGE ME IF YOU HAVE A BED. PATIENT IS IN ER NOW. I AM THE ER DOC. WILL FLY ANYWHERE."

The doctor tried Michael E. DeBakey VA Medical Center in Houston for a second time. This time he found a bed.

Around 7 p.m., Wilkinson, still conscious but in grave condition, was flown by helicopter to the hospital. He was put in a medically induced coma. Through the night and into the next morning, medical teams worked to stabilize him enough to perform the procedure. They could not.

Doctors told his family the internal damage was catastrophic. “We made the decision we had to let him go," Puget said.

Time of death: 1:37 p.m. Aug. 22 — 26 hours after he first arrived in the emergency room.

The story was first reported by CBS News. Kakli told ProPublica last week he still sometimes does the math in his head: It should have been 40 minutes from diagnosis in Bellville to transfer to the ICU in Houston. “If he had 40 minutes to wait instead of six hours, I strongly believe he would have had a different outcome."

Another difference with the latest surge is how it's affecting children.

Last year, schools were closed, and children were more protected because they were mostly isolated at home. In fact, children's hospitals were often so empty during previous spikes they opened beds to adult patients.

Now, families are out more. Schools have reopened, some with mask mandates, some without. Vaccines are not yet available to those under 12. Suddenly the numbers of hospitalized children are on the rise, setting up the same type of competition for resources between young COVID-19 patients and those with other illnesses such as new onset diabetes, trauma, pneumonia or appendicitis.

Dr. Rafael Santiago, a pediatric emergency physician in Central Florida, said at Lakeland Regional Health Medical Center, the average number of children coming into the emergency room is around 130 per day. During the lockdown last spring, that number dropped to 33. Last month — “the busiest month ever" — the average daily number of children in the emergency room was 160.

Pediatric transfers are not yet as fraught as adult ones, Santiago said, but it does take more calls than it once did to secure a bed.

Seth Osborn, the 12-year-old whose appendix burst after a long wait, spent five days and four nights in the hospital as doctors pumped his body full of antibiotics to stave off infection from the rupture. The typical hospitalization for a routine appendectomy is about 24 hours.

The initial hospital bill for the stay came to more than $48,000, Nathaniel Osborn said. Although insurance paid for most of it, he said the family still borrowed against its house to cover the more than $5,000 in out-of-pocket costs so far.

While the hospital system where Seth was treated declined to comment about his case because of patient privacy laws, it did email a statement about the strain the pandemic is creating.

“Since July 2021, we have seen a tremendous spike in COVID-19 patients needing care and hospitalization. In mid-August, we saw the highest number of patients hospitalized with COVID-19 across the Cleveland Clinic Florida region, a total of 395 COVID-19 patients in four hospitals. Those hospitals have approximately 1,000 total beds," the email to ProPublica said. “We strongly encourage vaccination. Approximately 90% of our patients hospitalized due to COVID-19 are unvaccinated."

On Sunday, The Washington Post reported that a hospital in Alabama called 43 others across three states before finding a bed for Ray DeMonia, a critically ill heart patient who later died. In his obituary his family wrote: “In honor of Ray, please get vaccinated if you have not, in an effort to free up resources for non COVID related emergencies. ... He would not want any other family to go through what his did."

Today, Seth is mostly recovered. “Twelve-year-old boys bounce back," his father said. Still, the experience has left Nathaniel Osborn shaken.

The high school history teacher said he likes to stay upbeat and apolitical in his social media musings, posting about Florida wildlife preservation and favorite books. But on Sept. 7, he tweeted: “My 12-year-old had appendicitis. The ER was overwhelmed with unvaccinated Covid patients and we had to wait 6+ hours. While waiting, his appendix ruptured and had to spend 5 days in hospital. ... So yeah, your decision to not vaccinate does affect others."

It was retweeted 34,700 times, with 143,000 likes. Most comments were sympathetic and wished his child a speedy recovery. Some, though, went straight to hate, apparently triggered by his last line. He was attacked personally and accused of making up the story: “Good try with the guilt, jerk."

Osborn, who is vaccinated, as are his wife and son, told ProPublica he only shared Seth's story on Twitter to encourage vaccinations.

“I have no ill will towards the hospitals or the care received at either hospital," he said this week, “but had these hospitals not been so crowded with COVID patients, we wouldn't have had to wait so long and perhaps my son's appendix would not have burst."

'Don't you work with old people?' Many elder-care workers still refuse to get COVID-19 vaccine

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

They are two sisters in two states. Both are dedicated health care professionals who watched in horror as COVID-19 swept through the nation's nursing homes, killing a staggering number of residents and staff alike.

One sister is now vaccinated. The other is not.

Dude. Get vaccinated!" Heidi Lucas texted her sister Ashley in May from her home in Jefferson City, Missouri.

“Nope lol," Ashley Lucas texted back from Orbisonia, Pennsylvania.

“Don't you work with old people?"

“Yeah"

“What if you killed one of them? Get vaccinated," Heidi wrote.

Neither sister is budging as the Delta variant brings a new spike in coronavirus numbers across the nation.

Their divide mirrors America's larger one, where the vaccine to combat COVID-19 is eagerly embraced by some, yet eyed with suspicion and rejected by others.

It is the refusal group, including a significant percentage who work in the nation's nursing homes, that has confounded and alarmed health care officials who are at a loss as to how to sway them.

Nursing homes faced a shocking mortality rate during the pandemic. In the U.S., COVID-19 killed more than 133,000 residents and nearly 2,000 staff members between May 31, 2020 and this July 4, according to Centers for Medicare & Medicaid Services reports. The true toll is thought to be even higher as data gathering lagged in the early months of the crisis, health experts say.

Working in a nursing home became one of the “most dangerous jobs" in America in 2020, according to an analysis of work-related deaths by Scientific American.

Yet seven months after the first vaccines became available to medical professionals, only 59% of staff at the nation's nursing homes and other long-term care facilities are fully or partially vaccinated — with eight states reporting an average rate of less than half, according to CMS data updated last week.

Twenty-three individual facilities had vaccination rates of under 1%, the data showed.

Staff vaccinations have lagged even as the overall rate for residents climbed to 83%, according to the CMS data.

The strong vaccination percentage among nursing home residents is credited, in part, to an early campaign to bring the vaccine directly to facilities. That suggests availability is not necessarily the issue behind staff going without.

So, what is?

The question defies easy answers. Vaccine refusal is regional and often aligns not only with individuals' political alignment but also with their preferred news sources and which social media they follow.

Last week, President Joe Biden took aim at Facebook and other social media giants for failing to police vaccine misinformation that amplifies conspiracy theories and discourages people from getting vaccinated. “They're killing people," he said, directly blaming the platforms. On Monday, he recast the accusation to say it was specific individuals posting dangerous information who are culpable.

On Tuesday, U.S. Sen. Mitch McConnell, R-Ky., pleaded to “anyone out there willing to listen: Get vaccinated." While not mentioning skeptics specifically — including those in his own party — the Republican leader urged the unvaccinated to ignore “demonstrably bad advice."

COVID-19 cases are now surging in every state, with new hospitalizations and deaths almost entirely occurring among the unvaccinated. “This is becoming a pandemic of the unvaccinated," Centers for Disease Control and Prevention Director Rochelle Walensky warned last week during a White House briefing.

In May, CMS began requiring weekly reports on vaccinations of residents and staff at nursing homes and other long-term care facilities. The emerging data confirms many health care experts' worst fears, especially for Southern states.

Louisiana has the lowest statewide average: Just 44.5% of the staff at its long-term care facilities have been at least partially vaccinated, according to CMS data released last week.

Florida, the second lowest-vaccinated state, had a rate of just under 46% among its nursing home and long-term care staff, with Missouri, Oklahoma, Tennessee, Georgia, Mississippi and Wyoming all showing rates of less than 50 percent, according to the data.

Vaccination rates in assisted living facilities are not included in the data.

A separate American Association of Retired Persons analysis, released last week, showed that only one in five of the nation's more than 15,000 nursing homes were able to hit a goal, set by two industry trade groups, of vaccinating 75% of their staff by the end of June.

While cases in nursing homes have recently slowed, and most of the new COVID-19 infections are among younger people, some experts still worry of a return to darker days.

The CDC recently launched an investigation into deaths of residents at several western Colorado senior facilities possibly linked to unvaccinated staff, the Associated Press reported Wednesday.

“We need to sound the alarm," said Susan Reinhard, senior vice president of AARP and director of its Public Policy Institute. “Nursing homes were devastated by COVID-19, and many residents remain highly vulnerable to the virus."

Nationally, more than 89% of people 65 or older have received at least partial vaccination, the CDC reported this week. Still, public health experts have warned that even if fully vaccinated, the elderly may be vulnerable to “breakthrough" coronavirus infection because of compromised immune systems and other underlying health problems.

In Missouri's southern region, the overall rate of full vaccination in some rural counties is less than 20%, according to state health department and CDC tracking. The latest surge of the delta variant has turned the area into a “tinderbox," Steven Edwards, CEO of the CoxHealth hospital system in Springfield, recently told reporters.

On Thursday, 160 patients were being treated for COVID-19 at CoxHealth, a spokesperson told ProPublica. On May 14, there were 18.

Heidi Lucas directs the Missouri Nurses Association. She is pro-vaccine and has been pushing hard for nurses to get vaccinated, especially those on the front lines of patient care.

Lucas said it is impossible to separate the lack of vaccination among staff from the lack of vaccinations in individual communities. “Nurses are people too," she said. “They are on social media and are inundated with false information. How do you fight it?"

Her sister, Ashley Lucas, lives 900 miles away in Orbisonia, a small town of around 500 people about an hour south of State College. She's a traveling certified nursing assistant at area nursing homes and chose to skip the vaccine.

Her fiance and her children, ages 12 and 13, are also unvaccinated. “I don't consider myself an anti-vaxxer," she told ProPublica, bristling that some might see her as reckless or ill-informed.

Instead, she said her decision was carefully considered. It never made sense to her, she said, that the virus seemed to strike randomly, with some residents getting sick while others did not. She said she is not convinced the vaccine would change the odds.

She's also concerned after hearing that the vaccine could interfere with fertility — a contention that has been deemed false by the Centers for Disease Control and Prevention and the World Health Organization. It all leads her to believe more research is needed into the vaccines' long-term effects.

“This is just a personal choice and I feel it should be a free choice," she said. “I think it's been forced on us way too much."

Certified nursing assistants make up the largest group of employees working in nursing homes and other long-term care facilities, providing roughly 90 percent of direct patient care. They are typically overworked and underpaid, most earning about $13 per hour and receiving no paid sick leave or other benefits, said Lori Porter, co-founder and CEO of the National Association of Health Care Assistants.

Porter said she is not completely surprised by the low vaccination rate. It comes down to trust, she said, both of the vaccines and of facility administrators who now say staff must get vaccinated. Refusal may feel like empowerment. “It's the first time ever they have had the ball in their court," Porter said.

On March 31, Houston Methodist Hospital mandated that all of its 26,000 employees be vaccinated by June 7 or lose their jobs. Jennifer Bridges, a nurse, sued along with 116 other employees, claiming the health care system had overstepped its rights and that she and the others refused to be “human guinea pigs," evoking the Nuremberg Code, a set of ethical standards established in response to Nazi medical experimentation in concentration camps.

On June 12, U.S. District Judge Lynn N. Hughes dismissed the closely watched case, taking offense to likening the vaccine to the Holocaust, which he called “reprehensible." Ten days later, 153 Houston Methodist employees either were fired or quit after refusing the vaccine. The judge's ruling has been appealed.

A handful of long-term care chains have similarly sought to mandate worker vaccines, but such action is far from widespread in the industry. One sticking point has been whether vaccination can legally be required, since all three available vaccines have only emergency use authorization, not full approval from the U.S. Food and Drug Administration.

The thornier issue, though, is whether the facilities can risk losing staff when they're already short-handed. Many workers have vowed to quit rather than be forced into vaccinations.

Aegis Living, a long-term senior care provider in three Western states, made vaccines mandatory for its roughly 2,600 employees on July 1. Dwayne Clark, founder and CEO, said initially 400 employees refused but when the deadline arrived, only about 100 left rather than be vaccinated.

“We lost some staff that we didn't want to lose," Clark told ProPublica, “but it felt like the right moral protocol to impose."

Recently the U.S. Equal Employment Opportunity Commission issued guidelines stating that employers can require workers to be vaccinated as long as medical or religious exemptions are permitted.

“Nursing home workers certainly have the right to make decisions about their own health and welfare, but they don't have the right to place vulnerable residents at risk," said Lawrence Gostin, a health law professor at Georgetown University. “Nursing homes don't just have the power to require vaccinations, they have the duty."

Still, the issue is far from resolved.

“America is a highly litigious country," Gostin said, “I expect the courts to consistently uphold nursing home mandates, because they are entirely lawful and justified. But there will likely be lawsuits at least until it is quite clear they are futile."

Diane Peters is a registered nurse in the Chicago suburbs who last year worked at a nursing home and is now working at a senior rehabilitation center. She does not trust the science behind the vaccine and is unvaccinated. So is her fiance.

Everything about the rollout felt like propaganda, she said. Development was too rushed. Clinical trials typically take years, she said, not months. “I don't think it's safe right now, it needs more time," she said she tells patients if they ask.

Most don't, she said. Neither do her co-workers. She has only been asked once by her employer if she was vaccinated, she said, declining to name the company.

Peters guesses about 40 percent of her colleagues are also unvaccinated, but said no one likes to talk about it because the divide surrounding the vaccine is “surreal." Staff members are tested regularly and are required to wear masks, she said.

She is doubtful mandates would stick. “They can threaten," she said, “but a lot of nurses would walk."

She trusts her instincts and her own research for now. When asked what would change her mind, she had one word: “Nothing."

'What if you killed one of them?': Many elder-care workers still refuse the COVID-19 vaccine

This story originally appeared at ProPublica, a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

They are two sisters in two states. Both are dedicated health care professionals who watched in horror as COVID-19 swept through the nation's nursing homes, killing a staggering number of residents and staff alike.

One sister is now vaccinated. The other is not.

Dude. Get vaccinated!" Heidi Lucas texted her sister Ashley in May from her home in Jefferson City, Missouri.

“Nope lol," Ashley Lucas texted back from Orbisonia, Pennsylvania.

“Don't you work with old people?"

“Yeah"

“What if you killed one of them? Get vaccinated," Heidi wrote.

Neither sister is budging as the Delta variant brings a new spike in coronavirus numbers across the nation.

Their divide mirrors America's larger one, where the vaccine to combat COVID-19 is eagerly embraced by some, yet eyed with suspicion and rejected by others.

It is the refusal group, including a significant percentage who work in the nation's nursing homes, that has confounded and alarmed health care officials who are at a loss as to how to sway them.

Nursing homes faced a shocking mortality rate during the pandemic. In the U.S., COVID-19 killed more than 133,000 residents and nearly 2,000 staff members between May 31, 2020 and this July 4, according to Centers for Medicare & Medicaid Services reports. The true toll is thought to be even higher as data gathering lagged in the early months of the crisis, health experts say.

Working in a nursing home became one of the “most dangerous jobs" in America in 2020, according to an analysis of work-related deaths by Scientific American.

Yet seven months after the first vaccines became available to medical professionals, only 59% of staff at the nation's nursing homes and other long-term care facilities are fully or partially vaccinated — with eight states reporting an average rate of less than half, according to CMS data updated last week.

Twenty-three individual facilities had vaccination rates of under 1%, the data showed.

Staff vaccinations have lagged even as the overall rate for residents climbed to 83%, according to the CMS data.

The strong vaccination percentage among nursing home residents is credited, in part, to an early campaign to bring the vaccine directly to facilities. That suggests availability is not necessarily the issue behind staff going without.

So, what is?

The question defies easy answers. Vaccine refusal is regional and often aligns not only with individuals' political alignment but also with their preferred news sources and which social media they follow.

Last week, President Joe Biden took aim at Facebook and other social media giants for failing to police vaccine misinformation that amplifies conspiracy theories and discourages people from getting vaccinated. “They're killing people," he said, directly blaming the platforms. On Monday, he recast the accusation to say it was specific individuals posting dangerous information who are culpable.

On Tuesday, U.S. Sen. Mitch McConnell, R-Ky., pleaded to “anyone out there willing to listen: Get vaccinated." While not mentioning skeptics specifically — including those in his own party — the Republican leader urged the unvaccinated to ignore “demonstrably bad advice."

COVID-19 cases are now surging in every state, with new hospitalizations and deaths almost entirely occurring among the unvaccinated. “This is becoming a pandemic of the unvaccinated," Centers for Disease Control and Prevention Director Rochelle Walensky warned last week during a White House briefing.

In May, CMS began requiring weekly reports on vaccinations of residents and staff at nursing homes and other long-term care facilities. The emerging data confirms many health care experts' worst fears, especially for Southern states.

Louisiana has the lowest statewide average: Just 44.5% of the staff at its long-term care facilities have been at least partially vaccinated, according to CMS data released last week.

Florida, the second lowest-vaccinated state, had a rate of just under 46% among its nursing home and long-term care staff, with Missouri, Oklahoma, Tennessee, Georgia, Mississippi and Wyoming all showing rates of less than 50 percent, according to the data.

Vaccination rates in assisted living facilities are not included in the data.

A separate American Association of Retired Persons analysis, released last week, showed that only one in five of the nation's more than 15,000 nursing homes were able to hit a goal, set by two industry trade groups, of vaccinating 75% of their staff by the end of June.

While cases in nursing homes have recently slowed, and most of the new COVID-19 infections are among younger people, some experts still worry of a return to darker days.

The CDC recently launched an investigation into deaths of residents at several western Colorado senior facilities possibly linked to unvaccinated staff, the Associated Press reported Wednesday.

“We need to sound the alarm," said Susan Reinhard, senior vice president of AARP and director of its Public Policy Institute. “Nursing homes were devastated by COVID-19, and many residents remain highly vulnerable to the virus."

Nationally, more than 89% of people 65 or older have received at least partial vaccination, the CDC reported this week. Still, public health experts have warned that even if fully vaccinated, the elderly may be vulnerable to “breakthrough" coronavirus infection because of compromised immune systems and other underlying health problems.

In Missouri's southern region, the overall rate of full vaccination in some rural counties is less than 20%, according to state health department and CDC tracking. The latest surge of the delta variant has turned the area into a “tinderbox," Steven Edwards, CEO of the CoxHealth hospital system in Springfield, recently told reporters.

On Thursday, 160 patients were being treated for COVID-19 at CoxHealth, a spokesperson told ProPublica. On May 14, there were 18.

Heidi Lucas directs the Missouri Nurses Association. She is pro-vaccine and has been pushing hard for nurses to get vaccinated, especially those on the front lines of patient care.

Lucas said it is impossible to separate the lack of vaccination among staff from the lack of vaccinations in individual communities. “Nurses are people too," she said. “They are on social media and are inundated with false information. How do you fight it?"

Her sister, Ashley Lucas, lives 900 miles away in Orbisonia, a small town of around 500 people about an hour south of State College. She's a traveling certified nursing assistant at area nursing homes and chose to skip the vaccine.

Her fiance and her children, ages 12 and 13, are also unvaccinated. “I don't consider myself an anti-vaxxer," she told ProPublica, bristling that some might see her as reckless or ill-informed.

Instead, she said her decision was carefully considered. It never made sense to her, she said, that the virus seemed to strike randomly, with some residents getting sick while others did not. She said she is not convinced the vaccine would change the odds.

She's also concerned after hearing that the vaccine could interfere with fertility — a contention that has been deemed false by the Centers for Disease Control and Prevention and the World Health Organization. It all leads her to believe more research is needed into the vaccines' long-term effects.

“This is just a personal choice and I feel it should be a free choice," she said. “I think it's been forced on us way too much."

Certified nursing assistants make up the largest group of employees working in nursing homes and other long-term care facilities, providing roughly 90 percent of direct patient care. They are typically overworked and underpaid, most earning about $13 per hour and receiving no paid sick leave or other benefits, said Lori Porter, co-founder and CEO of the National Association of Health Care Assistants.

Porter said she is not completely surprised by the low vaccination rate. It comes down to trust, she said, both of the vaccines and of facility administrators who now say staff must get vaccinated. Refusal may feel like empowerment. “It's the first time ever they have had the ball in their court," Porter said.

On March 31, Houston Methodist Hospital mandated that all of its 26,000 employees be vaccinated by June 7 or lose their jobs. Jennifer Bridges, a nurse, sued along with 116 other employees, claiming the health care system had overstepped its rights and that she and the others refused to be “human guinea pigs," evoking the Nuremberg Code, a set of ethical standards established in response to Nazi medical experimentation in concentration camps.

On June 12, U.S. District Judge Lynn N. Hughes dismissed the closely watched case, taking offense to likening the vaccine to the Holocaust, which he called “reprehensible." Ten days later, 153 Houston Methodist employees either were fired or quit after refusing the vaccine. The judge's ruling has been appealed.

A handful of long-term care chains have similarly sought to mandate worker vaccines, but such action is far from widespread in the industry. One sticking point has been whether vaccination can legally be required, since all three available vaccines have only emergency use authorization, not full approval from the U.S. Food and Drug Administration.

The thornier issue, though, is whether the facilities can risk losing staff when they're already short-handed. Many workers have vowed to quit rather than be forced into vaccinations.

Aegis Living, a long-term senior care provider in three Western states, made vaccines mandatory for its roughly 2,600 employees on July 1. Dwayne Clark, founder and CEO, said initially 400 employees refused but when the deadline arrived, only about 100 left rather than be vaccinated.

“We lost some staff that we didn't want to lose," Clark told ProPublica, “but it felt like the right moral protocol to impose."

Recently the U.S. Equal Employment Opportunity Commission issued guidelines stating that employers can require workers to be vaccinated as long as medical or religious exemptions are permitted.

“Nursing home workers certainly have the right to make decisions about their own health and welfare, but they don't have the right to place vulnerable residents at risk," said Lawrence Gostin, a health law professor at Georgetown University. “Nursing homes don't just have the power to require vaccinations, they have the duty."

Still, the issue is far from resolved.

“America is a highly litigious country," Gostin said, “I expect the courts to consistently uphold nursing home mandates, because they are entirely lawful and justified. But there will likely be lawsuits at least until it is quite clear they are futile."

Diane Peters is a registered nurse in the Chicago suburbs who last year worked at a nursing home and is now working at a senior rehabilitation center. She does not trust the science behind the vaccine and is unvaccinated. So is her fiance.

Everything about the rollout felt like propaganda, she said. Development was too rushed. Clinical trials typically take years, she said, not months. “I don't think it's safe right now, it needs more time," she said she tells patients if they ask.

Most don't, she said. Neither do her co-workers. She has only been asked once by her employer if she was vaccinated, she said, declining to name the company.

Peters guesses about 40 percent of her colleagues are also unvaccinated, but said no one likes to talk about it because the divide surrounding the vaccine is “surreal." Staff members are tested regularly and are required to wear masks, she said.

She is doubtful mandates would stick. “They can threaten," she said, “but a lot of nurses would walk."

She trusts her instincts and her own research for now. When asked what would change her mind, she had one word: “Nothing."

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