The Centers for Disease Control and Prevention (CDC) reported that COVID-19 vaccines are safe and effective at preventing and limiting the spread of the virus that causes Coronavirus Disease 2019 (COVID-19). The Centers for Medicare and Medicaid Services (CMS) is ensuring America’s health care facilities respond effectively in an evidence-based way to the COVID-19 Public Health Emergency. To support this, November 5, 2021, CMS published an interim final rule (86 FR 61555) that established requirements regarding COVID-19 vaccine immunization of staff among Medicare and Medicaid certified providers and suppliers. These regulations were intended to help increase vaccination rates of medical staff, patients, and residents to reduce the risk of infection and disease associated with COVID-19.

The vaccination requirements and policies and procedures required by the interim final rule must comply with applicable federal non-discrimination and civil rights laws and protections. These protections include providing reasonable accommodations to individuals who are legally entitled to them because they have a disability or sincerely held religious beliefs, practices, or observations that conflict with the vaccination requirement. More information on federal non-discrimination and civil rights laws is available here: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-adarehabilitation-act-and-other-eeo-laws

On December 28, 2021, CMS published CMS published QSO-22-07-ALL, which provided guidance for the Interim Final Rule – Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination. Under this rule, CMS expects all Medicare and Medicaid-certified facility providers’ and suppliers’ staff to have received the appropriate vaccinations unless exempted as required by law or delayed consistent with CDC recommendations. The rule also requires facilities to develop and implement policies and procedures to support full vaccination of facility staff. CMS considers facility staff vaccination rates under 100% as non-compliant under the interim final rule.

Read full letter here

Questions?

Contact:

Laura Hofmann, MSN, RN – Director of Clinical and Nursing Facility Regulatory Services
c: 425-231-4804