The Centers for Medicare & Medicaid Services (CMS) announced it will enforce the COVID-19 Health Care Staff Vaccination Interim Final Rule in the 25 states, District of Columbia, and territories in which the healthcare vaccine rule has not been enjoined by a court. Medicare or Medicaid providers or suppliers in the following states are required to comply with the CMS vaccinate mandate: California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington and Wisconsin.

Enforcement will be made along a modified timeline. The new deadline for Phase 1 implementation (first dose or one-dose vaccine, unless there is an approved disability or religious accommodation) is January 27, 2022. The deadline for Phase 2 implementation (full vaccination, unless there is an approved disability or religious accommodation) is February 28, 2022. Interim Final Rule and CMS guidance can be found here. Surveyors will begin surveying for compliance with the vaccine requirement beginning January 27, 2022.

Medicare- and Medicaid-certified providers and suppliers in the following states are not required to undertake any efforts to implement or enforce the CMS vaccination mandate at this time due to ongoing litigation enjoining enforcement: 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.

If you have any questions about this latest development related to the vaccine mandate, please contact the author.