On November 4, 2021, the Biden-Harris Administration announced that all eligible staff employed at healthcare facilities that participate in Medicare and Medicaid programs will be required to be vaccinated against COVID-19. An emergency regulation issued by the Centers for Medicare & Medicaid Services (CMS) is intended to protect those fighting the virus on the front lines while also delivering assurances to individuals and their families that they will be protected when seeking care.
This emergency regulation applies to all of the following who participate in Medicare and Medicaid programs: 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 organizations covered by the regulation must enact a policy which ensures that all eligible staff have received their 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 5, 2021. All eligible staff must have received the necessary shots and be fully vaccinated with either two doses of Pfizer or Moderna or one dose of Johnson & Johnson vaccine by January 4, 2022.
The regulation does provide for exemptions based on recognized medical conditions or religious beliefs, observances, or practices. Each facility must establish a similar process or plan for permitting exemptions in alignment with federal law.
Since the mandate that all nursing home workers be vaccinated against COVID-19 was issued, nursing home staff vaccination rates have increased by approximately nine percentage points from 62% to 71%. Additionally, a recent White House report depicts an analysis of healthcare systems, educational institutions, public-sector agencies, and private businesses, showing that organizations with vaccination requirements have seen their vaccination rates increase by more than 20 percentage points and have routinely seen their share of fully vaccinated workers rise above 90%.
Further, the White House report also reveals that vaccination requirements have not led to widespread resignations in the healthcare workforce and states that the requirements are an essential tool to protect patients and healthcare personnel.
The Centers for Medicare and Medicaid Services (CMS) is responsible to 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-compliant and will have an opportunity to return to compliance before additional actions occur. CMS states their goal is to bring healthcare providers into compliance, and that they will not hesitate to use their full enforcement authority to protect the health and safety of patients.
The interim final rule with comment period can be accessed at Federal Register :: Public Inspection: Medicare and Medicaid Programs: Omnibus COVID-19 Health Care Staff Vaccination
A list of frequently asked questions regarding COVID-19 vaccinations for healthcare staff can be accessed at CMS Omnibus Staff Vax Requirements – External FAQ (508 Compliant)
Issue:
All healthcare facilities must remain vigilant against the spread of COVID-19 and other infections. A critical strategy that can be taken to help decrease the spread of COVID-19 is the COVID-19 vaccination, along with other CDC recommendations to help reduce the transmission of the virus. The proposed rule for all healthcare facilities who receive federal and state money for Medicare and Medicaid programs mandates that healthcare workers must be vaccinated against COVID-19 and requires each facility to develop policies and procedures to adopt the mandate. Not developing the policies and procedures or failing to enforce them can result in citations and monetary penalties.
Discussion Points:
- Review your Infection Control Plan and your policy and procedure on the COVID-19 vaccination. Ensure that both include the most up-to-date information.
- Train all staff on your Infection Control Plan and your COVID-19 policies for vaccination and prevention of the spread of the virus. Place training documentation in each employee’s education file.
- Periodically audit to ensure that all staff are following your Infection Control Plan, and that staff are aware of the benefits and risks associated with the COVID-19 vaccination. Audit vaccine consent and administration rates and provide additional education where needed.
