End of Mandatory COVID-19 Vaccinations for Healthcare Workers

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APPLIES TO

All Employers with CMS-Covered Healthcare Facilities

EFFECTIVE

August 4, 2023

  

QUESTIONS?

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(888) 378-2456
Quick Look

  • CMS-covered health facilities no longer have to require health care staff to obtain COVID-19 vaccinations.
  • Continuing policies that require COVID-19 vaccinations may assist facilities which participate in value-based purchasing programs.

Discussion

On the heels of the Biden-Harris administration ending the COVID-19 Public Health Emergency effective May 11, 2023, Centers for Medicare and Medicaid Services (CMS) stated it would also end its mandatory vaccination requirement for CMS-covered healthcare facilities. On May 31, 2023, CMS issued a final rule which formally rescinds the mandatory health care staff vaccination requirement. The final rule will be published on June 5, 2023 in the Federal Register and will become effective 60 days after the date of publication.

Under the final rule, CMS-covered healthcare facilities are no longer required to enforce COVID-19 vaccinations among staff and contractors. CMS will instead use value-based measures and incentives to encourage facilities to keep workers up-to-date on their COVID-19 vaccinations. This means the Department of Health and Human Services (HHS) will continue to consider COVID-19 vaccinations as a quality measure in “value-based purchasing” programs which could affect ratings and payments. Performance on these measures can be publicly posted according to the final rule. Withdrawal of the COVID-19 vaccination requirements does not prohibit facilities from creating policies that require such vaccinations. Healthcare employers are encouraged to maintain “evidence-based policies regarding staff vaccination for COVID-19 and other communicable diseases for which vaccination is available and recommended.” Long-term care facilities must continue to provide information on COVID-19 vaccines and provide the vaccine. Employers should review their policies and prepare to implement necessary changes prior to the effective date.

 

Action Items

  1. Read the final rule here.
  2. Revise COVID-19 vaccination policies, if appropriate.
  3. Train appropriate personnel on updated requirements.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2023 ManagEase