North Carolina COVID-19 Vaccine Update #2

Nelson Mullins Riley & Scarborough LLP

Currently, three vaccines are authorized and recommended by the Centers for Disease Control and Prevention (“CDC”) to prevent COVID-19. The North Carolina Department of Health and Human Services (“NCDHHS”) has stated that North Carolina’s COVID-19 vaccine rollout is taking place “through vaccination phases by aligning to federal priorities while empowering local vaccine providers with the flexibility to move to the next priority group as they complete phases and have vaccines available.” [1]

The three available vaccines are as follows:

  Pfizer-BioNTech ModernaTX Janssen Pharmaceuticals of Johnson & Johnson
Number of Doses 2 2 1
Time Between Doses 21 days 28 days N/A

Source: CDC

Currently, individuals in Groups 1, 2, and 3 are eligible to receive vaccines in North Carolina. Group 1 consists of health care workers and long-term care staff and residents. Group 2 is comprised of anyone 65 years old or older, regardless of health status or living situation, and Group 3 includes frontline essential workers.

The State will begin providing vaccines to Group 4 in two phases, the first of which will begin on March 17. Phase I includes the following:

  • Anyone 16-64 years old with one or more medical conditions placing them at high-risk for severe disease from COVID-19, such as cancer, serious heart conditions, sickle cell disease, Type 2 diabetes, and others, regardless of living situation. Click here for a full list of Group 4 eligible medical conditions;
  • People experiencing homelessness or living in homeless shelters; and
  • Incarcerated people who have not yet been vaccinated.

The State plans to move to Phase II on April 7, which will include other essential workers and other individuals in close group living situations, including:

  • Group 3 essential workers who did not meet the criteria for “frontline” workers, as well as additional categories of essential workers, including chemical, commercial facilities (including retail workers and hotel workers), communications and information technology, defense industrial base (including workers supporting essential services to meet national security commitments), energy, financial services, hazardous materials, hygiene products and services (including laundromat and sanitation workers), public works and infrastructure support services (including plumbers and electricians), residential facilities/housing/real estate, and water and wastewater (including staff at water authorities and wastewater treatment facilities); and
  • Anyone living in other close group living settings who is not already vaccinated due to age, medical condition or job function, such as individuals living in fraternity or sorority houses.

When Group 5 becomes eligible, it will include anyone else who has not already been included in Groups 1 through 4.

As of March 14, NCDHHS reports that North Carolina providers have administered 1,919,988 first doses, 1,130,223 second doses, and 56,197 single shot doses. These comprise 100%, 93%, and 67%, respectively, of the doses allocated to the State by the federal government.

Data collected by the CDC as of March 15 shows that North Carolina’s vaccine rollout is comparable to other states, having administered 82% of the overall doses it was allotted.[2] North Dakota has administered the highest percentage of doses, at 93%, while Alabama has administered only 68% of its allotted doses, the least of any state.

Based upon estimates as of March 15, if vaccinations continue nationwide at their current pace it is likely that 90% of the population will be vaccinated as of August 7.

The Nelson Mullins Healthcare Group is ready to assist with any questions you may have related to vaccine eligibility or related matters, including guidance regarding legal strategies for workplace vaccination policies. Please be on the lookout for more follow-up information. For additional information on COVID-19 related issues, please visit the Nelson Mullins COVID-19 resource page.

Updated March 30, 2021

The North Carolina Department of Health and Human Services has announced an accelerated timeline for the final phases of vaccine distribution throughout the state.

Beginning March 31, 2021, Phase II of Group 4 will be eligible for vaccination throughout the state of North Carolina. Group 5, which includes all adults, will then be eligible for vaccination beginning April 7. Some counties are already making vaccines available to all adults. You can determine your vaccine group and also identify vaccine locations at https://covid19.ncdhhs.gov/vaccines/find-your-spot-take-your-shot.


[1] https://covid19.ncdhhs.gov/vaccines/find-your-spot-take-your-shot
[2] https://www.nytimes.com/interactive/2020/us/covid-19-vaccine-doses.html

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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