The Centers for Medicare & Medicaid Services has issued a final rule that withdraws the COVID-19 vaccine requirement for healthcare workers of Medicare- and Medicaid-certified long-term care facilities.
“As conditions and circumstances of the COVID-19 PHE have evolved, so too has CMS’ response,” CMS said in the 82-page final rule, which is scheduled to be published in the Federal Register on June 5. “At this point in time, we believe that the risks targeted by the staff vaccination IFC [interim final rule with comment] have been largely addressed, so we are now aligning our approach with those for other infectious diseases, specifically influenza. Accordingly, CMS intends to encourage ongoing COVID-19 vaccination through its quality reporting and value-based incentive programs in the near future.”
The regulations in the final rule take effect on or around Aug. 5, 60 days after the rule’s publication. They come after the Biden administration said earlier this month that it was ending the vaccine mandate for Medicare-certified healthcare facilities, including home health agencies.
In the final rule, CMS provides an overview of interim final rules implemented during the pandemic. It notes that on Nov. 5, 2021, it published the staff vaccination IFC, which established staff vaccination requirements for Medicare- and Medicaid-certified providers and suppliers. Included among these were home health agencies.
“While the requirements established by the staff vaccination IFC were necessary to protect the health and safety of residents, clients, patients and PACE Organization participants at the time of publication, circumstances of the COVID-19 pandemic have evolved, as has CMS’ response, as discussed throughout this rule,” CMS said in the rule.
It continued, “As mentioned above, based on an evaluation of the evolving clinical and epidemiological circumstances of the COVID-19 pandemic, increased vaccine uptake, declining infection and death rates, decreasing severity of disease, increased incidences of infection-induced immunity, public comments submitted to CMS, and the addition of COVID-19 vaccination quality measures to quality improvement and reporting programs, we believe regulations regarding COVID-19 vaccination of healthcare staff are no longer necessary. Therefore, in this rule, we are withdrawing language on COVID-19 healthcare staff vaccination requirements issued in the staff vaccination IFC.”
This is a developing story. Please check back for updates.
