COVID-19 UPDATE #211
December 15, 2021
COVID-19 BOOSTER SHOTS MAY HELP REDUCE SPREAD OF OMICRON VARIANT
Each day we learn more about the Omicron variant. It is very concerning because Omicron is spreading rapidly. A recent report from the state of Washington suggests the prevalence in the community is doubling every 2-3 days, which is what is being seen in Africa and Europe. Without a booster, the primary COVID-19 series only provides about 30% protection against Omicron. With a booster, after 10 days, the protection increases to about 75%.

The slides from a recent presentation about the Omicron variant and the effectiveness of a COVID-19 vaccine booster contain additional data references. This data highlights the importance of getting residents and staff vaccinated with the booster in the next few weeks. If you have not done so already, please contact your pharmacy partner to schedule a booster clinic as soon as possible.

The CDC has created a webpage to help long term care providers access the booster dose. If you are having trouble accessing the vaccine, please contact your state or local health department’s immunization program. The appropriate contact for each immunization program can be found here. Long term care facilities in Washington can reach out through a survey to DOH for assistance in identifying vaccine/booster resources. The survey can be found here. The American Health Care Association and National Center for Assisted Living has resources to promote vaccine confidence at #GetVaccinated.
IN THE NEWS | EMERGENCY FUNDING IS STILL NEEDED
Barb Lewis, LPN, administrator at Easthaven Villa in Yelm, made the case for continued COVID-19 emergency funding in today’s Nisqually Valley News. We continue to work with the Governor’s Office and legislative leaders related to the critical need to extend the funding beyond the current December 31 expiration date. We are cautiously optimistic, and will continue to work vigorously to ensure that additional resources are available to providers at the frontlines of this battle. Click here for Barb’s guest commentary.
INJUNCTION OF CMS VACCINE MANDATE LIFTED FOR SNFs IN MOST STATES
Today the Fifth Circuit Court of Appeals took action which effectively narrows the scope of the District Court’s preliminary injunction order on the Centers for Medicare and Medicaid Services (CMS) vaccine mandate interim final rule (IFR) to the 14 plaintiff states. 
  • CMS is only lawfully precluded from enforcing the IFR in 24 States. Preliminary injunctions preclude the Secretary from enforcing the IFR in 24 States covered by either the Louisiana or Missouri preliminary injunctions: 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, Utah, West Virginia, and Wyoming. 
  • Texas will likely soon be covered by a new preliminary injunction. Texas is no longer covered by the preliminary injunction entered in Louisiana. However, the district court handling the Texas case will likely grant a preliminary injunction covering Texas later today or tomorrow. Later today there is an emergency hearing before the district court to consider Texas’s request for preliminary injunction. 
  • CMS’s position regarding enforcement of the IFR in the 26 non-preliminary-injunction states is not yet known. CMS has not yet updated its website explaining what enforcement position the agency is taking following today’s Fifth Circuit ruling. Even if CMS announces that it will enforce the IFR in non-preliminary-injunction States, we expect that CMS will set a new deadline for compliance rather than assert that providers in those states must comply immediately. 

If you have questions, please email Elena Madrid or call her at (800) 562-6170, extension 105. We will continue to monitor this issue and provide information as it becomes available.
ADDITIONAL RESOURCES
WHCA continues to post resources and information as it becomes available on our website. If you have questions or need additional information, please call the WHCA office at (800) 562-6170.