CMS VACCINE MANDATE
On January 13, 2022 the U.S. Supreme Court upheld the validity of CMS tying the receipt of Medicaid and Medicare funds to vaccination requirements. Biden v. Missouri, Case No. 21A240 (Jan. 13, 2022).

When do the vaccine mandates apply?

Facilities covered by these regulations must establish a process or plan for tracking and documenting staff vaccinations and ensure the following:

By January 27, 2022, all eligible staff who have not received an exemption or have an exemption pending must have received the 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. If less than 100% of eligible staff are vaccinated not subject to exemption or pending exemption the facility is considered non-compliant and the facility will receive notice for their failure to comply. A facility that is above 80% vaccination for first dosage and has a plan to achieve 100% within 60 days (March 28th, 2022) will not be subject to further enforcement action.

By February 28, 2022, all eligible staff must have received the necessary shots to be fully vaccinated — two doses of Pfizer or Moderna, or one dose of Johnson & Johnson. No delay is allowed for pending exemption requests, all requests for exemption for current employees must be submitted prior to this date. A facility that is above 90% vaccination for first dosage and has a plan to achieve 100% within 30 days (March 28th, 2022) will not be subject to further enforcement action.

By March 28, 2022 facilities failing to maintain compliance (for those without exemptions) with the 100% standard for the necessary shots to be fully vaccinated — two doses of Pfizer or Moderna, or one dose of Johnson & Johnson may be subject to enforcement actions.

For more information see: https://www.cms.gov/medicareprovider-enrollment-and-certificationsurveycertificationgeninfopolicy-and-memos-states-and/guidance-interim-final-rule-medicare-and-medicaid-programs-omnibus-covid-19-health-care-staff-0

Summarized by Attorneys Orlando Blanco and Phillip Wandyez