On Nov. 5, the Centers for Medicare and Medicaid Services published a regulation regarding vaccination requirements for staff of Medicare and Medicaid-certified facilities. It aims to protect those fighting this virus on the front lines while ensuring individuals and their families that they will be protected when seeking care.
This emergency regulation started Nov. 5. It provides guidance on staff vaccination requirements applicable to Medicare and Medicaid-certified facilities regulated under the Medicare Conditions of Participation, which includes Indian Health Service facilities. By Dec. 5, these facilities must have a process or plan in place for vaccinating staff, providing exemptions and accommodations, and tracking and documenting vaccinations.
To remain compliant, facilities must establish a policy that ensures all eligible staff have received the first dose of either the Pfizer or Moderna two-dose vaccine by Dec. 5, and the second dose by Jan. 4; or the one-dose Johnson & Johnson vaccine by Dec. 5.
Unlike other vaccine mandates, this regulation does not include a testing alternative for unvaccinated staff. Facilities may voluntarily include testing alongside other prevention measures, such as physical distancing and source control. This regulation does not establish any new data reporting requirements.
CMS requires exemptions be permitted to staff for recognized medical conditions or religious beliefs, observances, and practices as legally required under the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964. Facilities have flexibility in establishing their exemption processes.
For information, see the official release from CMS, CMS FAQs, and the Interim Final Rule.