With court orders barring enforcement of the COVID-19 vaccine mandate, CMS has told state survey agencies that they must not survey providers for compliance with the requirements of the interim final rule.
Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination was published Nov. 5, 2021, with expectations that the first phase of the rule requirements were expected to be implemented by Dec. 6, 2021.
On Nov. 29 and 30, 2021, federal courts in Missouri and Louisiana issued preliminary injunctions against the implementation and enforcement of the rule.
“CMS has appealed both of these decisions and has filed motions for stays of these orders,” according to the guidance released Dec. 2, 2021. “While CMS remains confident in its authority to protect the health and safety of patients in facilities certified by the Medicare and Medicaid programs, it has suspended activities related to the implementation and enforcement of this rule pending future developments in the litigation.”
CMS notes that health care providers may voluntarily choose to comply with the interim final rule.