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CMS issues interim final rule on vaccine mandates for healthcare facilities

November 2021 employment law letter
Authors: 
David Richie, Felhaber Larson

On November 4, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule with comment period (IFC) requiring all healthcare workers in CMS-regulated settings to be fully vaccinated against COVID-19 by January 4, 2022. The new rule applies to approximately 76,000 providers and covers more than 17 million healthcare workers across the country.

No option for weekly COVID-19 testing

The IFC comes nearly two months after President Joe Biden announced the CMS rule as part of a five-pronged plan targeted at increasing the number of people vaccinated against COVID-19. The rule takes effect immediately.

Unlike the Occupational Safety and Health Administration’s (OSHA) new emergency temporary standard (ETS) for private companies with 100 or more employees, the new CMS rule does not provide weekly COVID-19 testing as an alternative to mandatory vaccination. The CMS rule will preempt any inconsistent state or local laws, including statutes banning or limiting an employer’s authority to require vaccination, masks, or testing.

Who’s covered

The following Medicare- and Medicaid-certified providers and suppliers must ensure all applicable staff are vaccinated against COVID-19:

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