On December 28, 2021, the Centers for Medicare & Medicaid Services (CMS) released guidance for the November 5, 2021, interim final rule that established requirements regarding COVID-19 vaccine immunization of staff who are employed within facilities that participate in Medicare and Medicaid programs.
The newly issued guidance provides survey procedures for assessing and maintaining compliance with the employee vaccination requirements. Noncompliance with the regulatory requirements can result in civil monetary penalties, denial of payments, and termination of participation from the Medicare and Medicaid programs.
The interim final rule does not apply to 25 states at this time, but all other states must be in compliance. The 25 excluded states are Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wyoming. Healthcare facilities that are not in the listed 25 states and that participate in Medicare and Medicaid programs must be able to demonstrate that their facility staff vaccination rate is 100% for all facility employees.
The guidance on the interim final rule can be accessed here. Attachment A provides F888 Infection Control revised requirements for nursing homes and can be accessed here.
Compliance Perspective
Issue
Nursing facilities must remain vigilant against the spread of COVID-19. A critical strategy that can be taken to help decrease the spread of COVID-19 is the COVID-19 vaccination, along with other CDC recommendations to help reduce transmission of the virus. As more is researched and learned about the COVID-19 virus, healthcare management personnel must stay up-to-date on the important changes and train all staff on the available information.
Discussion Points
- Review your Infection Control Plan and your policy and procedure on the COVID-19 vaccination. Ensure that both include the most up-to-date information.
- Train all staff on your Infection Control Plan and your COVID-19 policies for vaccination and prevention of the spread of the virus. Place training documentation in each employee’s education file.
- Periodically audit to ensure that all staff are following your Infection Control Plan, and that staff are aware of the benefits and risks associated with the COVID-19 vaccination. Audit vaccine consent and administration rates and provide additional education where needed.
