Vaccine mandate taking effect for certain healthcare workers

The Centers for Medicare & Medicaid Services (CMS) this month issued an emergency regulation requiring COVID-19 vaccination of eligible staff at health care facilities that participate in the Medicare and Medicaid programs. CMS also issued a set of FAQs on the vaccination requirement. The emergency regulation went into effect on Nov. 5, 2021.

These requirements apply to Medicare and Medicaid-certified providers and suppliers that are regulated under the Medicare health and safety standards. That includes hospitals, clinics, and long-term care facilities.

Facilities covered by this regulation must ensure 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 Dec. 6, 2021. All eligible staff must have received the necessary shots to be fully vaccinated—either two doses of the Pfizer or Moderna vaccines or one dose of Johnson & Johnson vaccine—by Jan. 4, 2022.

The regulation provides exemptions for recognized medical conditions or religious beliefs. Facilities must develop a plan for allowing exemptions in accordance with federal law.

Stakeholders have 60 days to submit formal comments on the emergency regulation. The comment period officially closes on Jan. 4, 2022.