News Article

CMS Publishes Guidance to Ensure Compliance with Staff Vaccination Requirements

January 03, 2022

On December 28, 2021 the Centers for Medicare and Medicaid Services (CMS) released guidance and survey procedures to ensure compliance with nursing home staff vaccination requirements.

(At this time the guidance does not apply to: 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, Texas, Utah, West Virginia, and Wyoming.)

The CMS staff vaccination rule, “Medicare and Medicaid Programs: Omnibus COVID-19 Health Care Staff Vaccination,” requires providers’ staff to receive their COVID-19 vaccination doses within the appropriate timeframe unless exempted, as required by law, or delayed as recommended by the CDC.  Staff vaccination rates below 100% constitute non-compliance.  Noncompliance includes civil monetary penalties, denial of payments, and finally, termination of participation from the Medicare and Medicaid programs.  However, facilities will be given opportunities to return to compliance.  Enforcement action thresholds at 30 days, 60 days, and 90 days are outlined in the new guidance.

Find a supplement to the guidance that specifically applies to Long-Term Care and Skilled Nursing Facilities here.