CMS and OSHA Release Rules Related to Employee Vaccine Requirements

Type of Facility Impacted: The facility types covered by the CMS IFR are hospitals, ambulatory surgical centers, dialysis facilities, home health agencies, and long-term care facilities. This regulation does not apply to physician offices (unless part of a larger system) because they are not subject to CMS health and safety regulations.
Individuals Impacted: The requirement applies to both clinical and non-clinical staff at these facilities, including: employees, students, trainees, and volunteers. Additionally, this also includes individuals who provide care, treatment, or other services for the facility and/or its patients under contract. It also applies to physicians admitting and/or treating patients in a facility. Staff who are not vaccinated because of religious or medical reason have to show valid proof and the facility has to keep this information on file. The regulations do address a process for people who have to delay vaccinations because of a current COVID infection. Staff who have had a previously documented COVID infection are NOT exempt. Natural immunity does not apply.
When: Workers must be fully vaccinated –either two doses of Pfizer or Moderna, or one dose of Johnson & Johnson – by January 4, 2022. The facility must have a plan developed to address vaccination and exemption record keeping by December 5, 2021.