On January 14, 2022, the Centers for Medicare and Medicaid Services (“CMS”) updated its compliance deadlines for facilities covered by the CMS Interim Final Rule with Comment Period entitled “Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination” (“CMS Vaccine Mandate”) in the 24 states where the CMS Vaccine Mandate was allowed to go back into effect after the Supreme Court’s decision on January 13, 2022. These 24 states include Nebraska and Iowa.
The 24 States with Updated Compliance Deadlines
The 24 states with updated compliance deadlines under the CMS Vaccine Mandate are:
- Alabama
- Alaska
- Arizona
- Arkansas
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Mississippi
- Missouri
- Montana
- Nebraska
- New Hampshire
- North Dakota
- Ohio
- Oklahoma
- South Carolina
- South Dakota
- Utah
- West Virginia
- Wyoming
The Compliance Deadlines for 25 Other States and D.C. Remain the Same
Please note that the compliance deadlines for 25 other states and the District of Columbia have not changed from the dates provided in our last E-Brief.
The CMS Vaccine Mandate is being implemented in Texas on a delayed timeline due to a separate preliminary injunction in that state that was not appealed until after the Supreme Court’s decision on January 13, 2022. The compliance requirements noted below are the same for Medicare and Medicaid facilities in Texas, but Texas facilities have until February 21, March 21, and April 20 to meet the same requirements.
The Updated Compliance Deadlines for the 24 States
The updated compliance deadlines for health care facilities covered by the CMS Vaccine Mandate in the 24 states listed above are as follows:
By February 14, 2022:
- Covered facilities must have developed and implemented policies and procedures to ensure that all “staff” (as broadly defined by the CMS Vaccine Mandate) are vaccinated for COVID-19; and
- 100% of a covered facility’s staff must have received at least one dose of a COVID-19 vaccine; have requested or been granted an exemption from the vaccination requirements for medical or religious reasons; or be identified as someone whose COVID-19 vaccination must be temporarily delayed, based upon the CDC’s recommendations, due to clinical precautions and considerations.
- If covered facilities do not meet this deadline, they will receive notice of their non-compliance with the 100% standard. In order to avoid additional enforcement actions (e.g., plans of correction, civil monetary penalties, denial of payment, or termination), at least 80% of a covered facility’s staff must meet the standard identified above and the facility must also have a plan to meet the 100% standard by April 14, 2022.
By March 15, 2022:
- 100% of a covered facility’s staff must have received the necessary doses to complete their vaccination series; have requested or been granted an exemption from the vaccination requirements for medical or religious reasons; or be identified as someone whose COVID-19 vaccination must be temporarily delayed, based upon the CDC’s recommendations, due to clinical precautions and considerations.
- If covered facilities do not meet this deadline, they will receive notice of their non-compliance with the 100% standard. In order to avoid additional enforcement actions (e.g., plans of correction, civil monetary penalties, denial of payment, or termination), at least 90% of a covered facility’s staff must meet the standard identified above and the facility must also have a plan to meet the 100% standard by April 14, 2022.
By April 14, 2022:
- If covered facilities have not met the 100% standard by this date, they may be subject to additional enforcement action. For nursing homes, home health agencies, and hospice, this includes civil monetary penalties, denial of payments, and termination of participation in the Medicare and Medicaid programs.
- The sole enforcement remedy for non-compliance for hospitals and certain other acute and continuing care providers is termination from participation in the federal Medicare and Medicaid programs. However, CMS has stated that its primary goal is to bring covered facilities into compliance with the CMS Vaccine Mandate, and that termination would generally only occur after providing a facility with an opportunity to make corrections and come into compliance. If a covered facility is not fully compliant with the CMS Vaccine Mandate by this date, it risks being terminated from participating in the Medicare and Medicaid programs.
If you have any questions on this topic, or need assistance navigating these changes, please contact our Labor & Employment Law Practice Group. We encourage you to subscribe to our Labor & Employment E-Briefs to keep up with the latest HR news, tips, and updates.