Connie Christian, MBA, CPHRM

CMS Memorandum

On October 26, 2022, CMS issued a memorandum: Revised Guidance for Staff Vaccination Requirements (Ref: QSO-23-02-ALL). It provides revised guidance and survey procedures for all provider types related to assessing and maintaining compliance with the staff vaccination requirements.

Medicare and Medicaid-certified facilities are expected to comply with all applicable regulatory requirements, and CMS has various established enforcement remedies.

CMS Vaccination Expectations

• CMS expects all providers’ and suppliers’ staff to receive the appropriate number of doses of the primary vaccine series unless they are 1) exempted, as required by law, or 2) delayed, as recommended by CDC.
• Facility staff vaccination rates under 100% constitute noncompliance under the rule.
• Noncompliance does not necessarily lead to termination, and facilities will generally be given opportunities to return to compliance. For example, a non-compliant facility that has implemented a plan to achieve compliance would not be subject to enforcement action.

Each applicable provider type is encouraged to review the memorandum and adjust policies and procedures to maintain compliance.