Vaccination COVID-19 Interim Final Rule: Top 6 Things to Know

On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) released an Interim Final Rule requiring direct care workers in Medicare and Medicaid certified health care settings to be vaccinated against COVID-19.

The Top 6 Things you need to know:

• December 6^th, 2021 First Dose

Staff at these health care facilities must receive the first dose of a 2-dose COVID-19 vaccine or a one-dose COVID-19 vaccine by December 6, 2021. All eligible staff must be fully vaccinated by January 4, 2022.

• Vaccination Policy

Facilities covered by this regulation must establish a policy ensuring all eligible staff have received the first dose of a two-dose COVID-19 vaccine or a one-dose COVID-19 vaccine prior to providing any care, treatment, or other services by December 6, 2021.

• January 4^th, 2022 Fully Vaccinated

All eligible staff must have received the necessary shots to be fully vaccinated – either two doses of Pfizer or Moderna or one dose of Johnson & Johnson – by January 4, 2022. The regulation also provides for exemptions based on recognized medical conditions or religious beliefs, observances, or practices. Facilities must develop a similar process or plan for permitting exemptions in alignment with federal law. (I see there is not a weekly testing option for covered health care employees …)

• Enforcement

CMS will ensure compliance with these requirements through established survey and enforcement processes. If a provider or supplier does not meet the requirements, it will be cited by a surveyor as being non-compliance and have an opportunity to return to compliance before additional actions occur.

• Applies

Applies to 16 Medicare and Medicaid provider types, not Physician offices.

Including:

• Ambulatory Surgical Centers,
• Hospices,
• Programs of All-Inclusive Care for the Elderly Hospitals,
• Long-Term Care facilities.
• Psychiatric Residential Treatment Facilities,
• Intermediate Care Facilities for Individuals with Intellectual Disabilities.
• Home Health Agencies.
• Comprehensive Outpatient Rehabilitation Facilities,
• Critical Access Hospitals,
• Clinics
• Rehabilitation agencies, and
• Public health agencies as providers of outpatient Physical Therapy and
• Speech-Language Pathology services.
• Community Mental Health Centers,
• Home Infusion Therapy suppliers,
• Rural Health Clinics/Federally Qualified Health Centers, and
• End-Stage Renal Disease Facilities.

• The OSHA ETS rule for companies with 100 or more employees:

• Deadline is January 4^th for vaccination or workers must produce a negative COVID test at least once a week.
• Employers do not need to pay for testing.
• Workers must have time off to get vaccinated.
• Unvaccinated workers must wear masks.
• Religious and medical exemptions allowed.

Download CMS Omnibus Staff Vax Requirements - External FAQ (508 Compliant) Below

Download FINAL - Staff Vax National Stakeholder Slides (508 Compliant) Below

Download Vaccination Final Rule 11.5.2021 Below

Download Vaccine Mandate P and P template 11.6.2021Below