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Medicare COVID Vaccine Mandate

civil monetary penalties, vaccine mandates, health care workers
April 28, 2022

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Vaccination mandates for Medicare and Medicaid workers

The Health Department has a new Medicaid provision that requires certain providers to provide coverage for their employees to receive COVID-19 vaccines. Earlier this month the government announced it was considering removing the mandatory vaccine from the public health system. The Supreme Court decided against the ruling and ultimately agreed to support the ruling. This mandate has been adopted as part of the Medicare-certified facility's vaccination mandate.

Staff at all health care facilities covered by the regulation to have received, at a minimum, the first dose of a primary series or a single dose COVID-19 vaccine prior to staff providing care, treatment, or other services for the facility and/or its patients.

The U.S. Supreme Court reinstates the COVID-19 vaccine rule

The federal government has approved the continuing COVID 19 vaccine requirement by the Congressional Research Service (CRS.) Biden, and others. Missouri and the United States. 21 A240. No. 2 A240 (14 January 2020). CMS is able to impose an interim rule that requires many Medicare and Medicaid providers to provide coverage for employees with COVID19 vaccinations in all 24 countries.

The cases return to the respective courts of appeals that were hearing challenges to the rule, but the Supreme Court's decision means those challenges are likely to be dismissed. The Supreme Court determined that CMS had the statutory authority to impose the vaccination rule in an effort to ensure that the healthcare providers who care for Medicare and Medicaid patients protect their patients' health and safety. 

Medicaid Services

The vaccine requirements do not apply to independent physicians or dental practices, as they are not subject to CMS health and safety regulations. Individual physicians working for practices that have admitting or staff privileges at any of the Facilities, however, will be subject to vaccine requirements in order for the Facilities to comply with the Rule

Covered providers and suppliers must implement mandatory vaccination policies that include a process by which staff may request an exemption from the vaccination requirement for medical or religious reasons in accordance with applicable federal law; There is no test-out option; Only religious or medical exemptions are permitted; Covered providers and suppliers must track and securely document the vaccination status of each staff member, including those for whom there was a temporary delay in vaccination;

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Interim Final rule

Home News Senate votes to stop CMS vaccine mandate Mar 03, 2022 - 03:56 PM The Senate last night voted 49-44 to approve a resolution calling for congressional disapproval of a Centers for Medicare & Medicaid Services rule that required workers in most health care settings that participate in the Medicare and Medicaid programs to be fully vaccinated against COVID-19 by Feb. 28.

The rule applies to nursing homes, hospitals, outpatient rehab facilities, federally qualified health centers, rural health centers, and home health agencies, among other provider types. Residents and staff of other HCBS providers, such as group homes, assisted living facilities, and day habilitation programs, face an increased risk of serious illness or death from COVID-19, similar to their counterparts in nursing homes.

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CMS Vaccine Mandate

Hospitals and health systems will continue to struggle to maintain the workforce necessary to battle the virus while also maintaining the essential health services that patients and communities depend on each day. “Lastly, we urge any health care providers that are not subject to the CMS requirement to continue their efforts to achieve high levels of vaccination.

Support or suppliers that are regulated under CMS standards, including hospitals, nursing homes, rehabilitation clinics, and many other facilities that receive Medicare or Medicaid funds. The CMS rule applies to all current and future employees at covered facilities, regardless of whether the employee holds a clinical or non-clinical position, and reaches anyone who provides treatment or services to the facility under contract or other arrangements.

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