Update: The Occupational Safety and Health Administration (OSHA) COVID-19 vaccine mandate, which requires employers with 100 or more employees to ensure each of their workers is vaccinated, has temporarily been suspended.
If you are in an ASC or hospital, you still need to comply with the CMS vaccine mandate. If you are in a physician's office, you do not need to comply with the CMS vaccine mandate.
CMS Vaccine Rule
According to CMS’ regulation, healthcare workers at facilities participating in Medicare, including ASCs and Hospitals, are required to comply with the new vaccine mandate. This regulation does not apply to physician offices (unless part of a larger system) because they are not subject to CMS health and safety regulations.
Requirements
To meet the staff vaccination requirements, CMS requires healthcare providers to develop a process or policy over two phases.
- For Phase 1, within 30 days after the regulation is published, staff at all healthcare facilities included in the regulation must have received, at a minimum, the first dose of a primary series or a single dose COVID-19 vaccine prior to staff providing any care, treatment, or other services for the facility and/or its patients.
- For Phase 2, within 60 days after the regulation is published, staff at all healthcare provider and supplier types included in the regulation must complete the primary vaccination series (except for those who have been granted exemptions from the COVID-19 vaccine or those staff for whom COVID-19 vaccination must be temporarily delayed, as recommended by CDC).
Exemptions
CMS requires facilities to allow for exemptions to staff with recognized medical conditions for which vaccines are contraindicated (as a reasonable accommodation under the Americans with Disabilities Act (ADA)) or religious beliefs, observances, or practices (established under Title VII of the Civil Rights Act of 1964). Providers and suppliers should establish exceptions as a part of its policies and procedures and in alignment with federal law. CMS believes that exemptions could be appropriate in certain limited circumstances, but no exemption should be provided to any staff for whom it is not legally required (under the ADA or Title VII of the Civil Rights Act of 1964) or who requests an exemption solely to evade vaccination.
Enforcement
CMS states that it will work with State Survey Agencies to ensure that this new regulation is being enforced.
For more information, please review the CMS press release, FAQs, and interim final rule.