The Centers for Medicare & Medicaid Services is calling on providers to immediately start reviewing the newly proposed healthcare worker COVID-19 vaccination regulation. They also should actually begin the process for inoculating and tracking staff vaccinations in order to be in compliance with the new rule when it becomes effective Jan. 4.
“Checks for compliance with the requirements will be conducted by the state survey agencies during two periods: recertification surveys and complaint surveys,” CMS’ Chief Medical Officer Lee Fleisher, M.D., said during a stakeholder call Thursday.
The rule issued Thursday morning sets a Jan. 4, 2022, deadline for all eligible staff to be fully vaccinated against COVID-19. It also requires that facilities establish a policy by Dec. 5 that ensures all eligible workers have received their first dose of a two-dose regimen or a one-dose vaccine prior to providing any care, treatment or services.
The regulation covers all healthcare facility employees, regardless of whether they have a clinical role. It allows for exemptions for medical conditions or religious beliefs, observances or practices. Facilities will be required to develop a plan for permitting these exemptions that align with the rule.
More guidance is expected soon on the survey process. Fleisher on Thursday provided a preview of what providers can expect.
While on-site, surveyors will review the facility’s COVID-19 vaccination policies and procedures, plan for vaccinating staff, providing exemptions and tracking staff vaccinations, the number of resident and staff COVID-19 cases over the previous four weeks, and a list of all staff and their vaccination status, he explained.
The information, in addition to interviews and observations, will be used to determine the compliance of the provider or supplier with these requirements. Accrediting organizations also will be required to update their survey process to assess facilities they accredit for compliance with vaccination regulations.”
Providers out of compliance will be cited “based on the level or severity of noncompliance with an opportunity to return to substantial compliance,” according to Fleisher.
“It is not our goal to terminate facilities from the Medicaid and Medicare program. In fact, we want to work with facilities to bring them back into compliance as quickly as possible so that every person benefits from safe and quality care,” Fleisher said. “Termination is the absolute last resort and after all other levers have exhausted.”
“The key here is protecting patients,” he added.
