Many questions have arisen related to the Jan. 13, 2022 Supreme Court decision allowing the Centers for Medicare & Medicaid Services (CMS) vaccine mandate to continue. Here are some common frequently asked questions:
1. What does the Supreme Court ruling say?
On Nov. 5, 2021, the Department of Health and Human Services announced that participating health care facilities had to ensure staff was vaccinated against COVID-19 to receive Medicare and Medicaid funding. The Supreme Court stated that this was in the Secretary’s power, and the mandate can continue.
2. Who does the vaccine mandate apply to?
The mandate is a condition of participation in Medicaid and Medicare funding, which covers over 17 million healthcare workers. It includes hospitals, long-term care facilities, hospices, psychiatric facilities, home infusion therapy suppliers, and more.
3. When does the mandate go into effect?
Different states have different deadlines, because of the way in which litigation was filed. States that do not have delayed deadlines must have policies and procedures in place by January 27, 2022 and all staff must have received at least one dose of the vaccine, or have requested an exemption, by that date.
4. Are there any exceptions?
Yes, healthcare workers can request exemptions for medical or religious reasons. They can also request a temporary delay if they recently had COVID-19.
5. What happens if a facility is not in compliance?
If a facility does not have 100% of staff vaccinated or exempt, they will receive a notice of non-compliance. However, if they can show that 80% of staff is vaccinated and they have a plan to achieve full vaccination within 60 days, they are not subject to additional enforcement actions. Ultimately, CMS can withhold funding for noncompliance.
Source: Lori-Ann Rickard and Lauren Gilpin, Rickard & Associates. One of TPA's Affiliate Partners, Rickard & Associates can provide extensive legal knowledge on a variety of business issues to TPA members.
