CMS will require that eligible home health and hospice staff have received their shot or shots for full COVID-19 vaccination by Jan. 4, 2022, in order for the provider to participate in the Medicare and Medicaid programs. OSHA also has released its vaccine requirements for employers with more than 100 employees.
Medicare and Medicaid providers covered by the CMS regulation — including home health agencies and hospices — must establish a policy ensuring all eligible staff 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 by Dec. 5, 2021. All eligible staff must have received the necessary shots to be fully vaccinated – either two doses of Pfizer or Moderna or one dose of Johnson & Johnson – by Jan. 4.
The CMS mandate impacts most home health and hospice staff, regardless of whether they work directly in patient care.
From the interim final rule: We believe it is necessary to require vaccination for all staff that interact with other staff, patients, residents, clients, or PACE program participants in any location, beyond those that physically enter facilities, clinics, homes, or other sites of care. Individuals who provide services 100 percent remotely, such as fully remote telehealth or payroll services, are not subject to the vaccination requirements of this IFC.
The regulation also provides for exemptions based on recognized medical conditions or religious beliefs, observances, or practices. Facilities must develop a similar process or plan for permitting exemptions in alignment with federal law.
The regulation will create a consistent standard within Medicare and Medicaid while giving patients assurance of the vaccination status of those delivering care, according to a CMS news release.
CMS will ensure compliance with these requirements through established survey and enforcement processes. If a provider or supplier does not meet the requirements, it will be cited by a surveyor as being non-compliant and have an opportunity to return to compliance before additional actions occur.