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CMS interim final rule calls for healthcare staff vaccinations by January 4

December 2021 employment law letter
Authors: 
Brooke Bennett Aziere, Amanda M. Wilwert, and Gabriella Grause, Foulston Siefkin LLP

A new interim final rule with comment period from the Centers for Medicare and Medicaid Services (CMS) requires COVID-19 staff vaccinations for Medicare- and Medicaid-certified providers and suppliers. Announced on November 4, the rule took effect immediately and extends to more than 17 million healthcare staff and approximately 76,000 facilities. Covered staff members must be fully vaccinated by January 4, 2022, unless they receive a medical or religious exemption.

Vaccination requirement

The interim final rule requires certain healthcare providers to establish a policy or procedure to ensure staff are full vaccinated unless they are granted an exception. The rule sets forth minimum elements that must be included in a COVID-19 vaccination policy such as:

  • Processes for tracking staff vaccination status;
  • Contingency plans for staffers who aren’t fully vaccinated; and
  • Steps for staff to request an exemption based on an applicable federal law.

Covered entities

The vaccination requirements apply to Medicare- and Medicaid-certified providers and suppliers subject to the Medicare conditions of participation (COPs) or the conditions for coverage (CfCs). Specifically, the following providers must meet the requirements by the January 4 deadline:

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