Centers for Medicare & Medicaid Services (CMS) posted on May 31 a final rule in the Federal Register for public inspection that ends the COVID-19 vaccination mandate for staff in CMS-certified settings. “Medicare and Medicaid Programs: Policy and Regulatory Changes to the Omnibus COVID-19 Health Care Staff Vaccination Requirements; etc.” will go into effect 60 days after the date of official publication in the Federal Register, which is currently scheduled for June 5.

CMS will NOT be enforcing staff vaccination requirements between now and the effective date of this rule.

• The rule finalizes provisions of the May 2021 interim final rule requiring nursing homes to educate residents and staff on COVID-19 vaccination, and offer or assist with accessing COVID-19 vaccination for any residents and staff who accept.
• The rule also removes expired language from the May 2020 testing rule that expired with the end of the public health emergency.
• LeadingAge reminds members that testing for COVID is still required in accordance with “accepted national standards” under 42 CFR Section 483.80 Infection Control.

LeadingAge is working to release a more comprehensive review of this final rule in the coming days. See our June 2 article with detailed information on the impact of the mandate ending for nursing homes.