CMS Interim Final Rule

• TIMING: The CMS policy requires providers to ensure all eligible staff get at least one dose prior to providing care or any other services by December 5. All staff must be fully vaccinated by January 4, 2022. The rule asks providers to have a plan in place within 30 days; the plan must include policies and procedures the organization will follow.
• WHO IS COVERED: The CMS rule covers all 16 Medicare and Medicaid provider types. It does not cover physician offices.
• EXEMPTIONS: The CMS rule includes both medical and religious exemptions. Individuals who receive these exemptions will have to test regularly. The CMS rule also spells out accommodations intended to protect residents from unvaccinated exempt employees.
• CMS or OSHA? If a provider both accepts Medicare and or Medicaid AND has over 100 employees, the provider should comply with the CMS rule.
• COMPLIANCE: The CMS rule will be enforced through established survey mechanisms – reaccreditation or complaint.
• CMS Interim Final Rule.
• CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule FAQ.
• CMS Press Release.

OSHA Emergency Temporary Standard Interim Final Rule

• Deadline is January 4: The Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) today that covers companies with 100 or more employees (applying to an estimated 84 million workers). Employers must ensure their workers are either fully vaccinated against COVID-19 by January 4, 2022, or that they produce a negative COVID-19 test at least once a week. The ETS will take effect as soon as it’s published in the Federal Register.
• Workers must get paid time off to get vaccinated: Employers must pay workers for the time it takes to get vaccinated and provide sick leave for workers to recover from any side effects.
• Employers don’t need to pay for testing: The rule does not require employers to pay for or provide testing to workers who decline the vaccine. However, collective bargaining agreements or other scenarios may dictate otherwise in some cases – especially any state law specific to this issue.
• Unvaccinated must wear masks: Unvaccinated workers must also wear face coverings while on the job.
• Exemptions: The OSHA ETS includes both medical and religious exemptions. The OSHA ETS addresses scenarios of the exemptions relative to the vaccinations and testing.
• Court Challenge: We anticipate that the ETS will be challenged in federal court by a group of governors and state attorneys general.
• OSHA Interim Final Rule.
• OSHA Interim Final Rule FAQ.
• OSHA Recorded Webinar on Interim Final Rule.
• OSHA press release.
• OSHA Interim Final Rule information page.