Solutions for Hospital and Healthcare Facilities Compliance Requirements for COVID-19: Vaccination CMS Conditions of Participation (“CoP”)

Abstract

On December 11, 2020, the Advisory Committee in Immunization Practices (“ACIP”) recommended as, interim guidance that healthcare personnel and residents of Long-Term Care (“LTC”) facilities be offered COVID-19 vaccine in the initial phase of the vaccination program, and on May 2021, Centers for Medicare & Medicaid Services (“CMS”) published an Interim Final Rule with Comment period (“IFC”) entitled MC/MA programs requirements for LTC and Individuals with Intellectual Disabilities (ICFs-IID) Residents, Clients and Staff, 86 FR 26306 and guidance for surveyors of LTC facilities with memo QSO-21-19-NH, interim final rule for COVID-19 vaccine immunization in requirements for all staff and residents with education regarding the risks/benefits and side effects associated with COVID-19 vaccination with intent to increase vaccination amongst nursing home residents and staff to reduce the risk of infection and disease spread; noting 80 percent nursing home residents were vaccinated and only 60 percent of staff  thus requiring higher vaccination rates in staff.  Thus, in August 2021, CMS issued a requirement of all nursing home staff to be vaccinated as a CoP (Conditions of Participation (CoPs), Conditions for Coverage (CFCs).  These requirements for Participation are foundational health and safety standards established by CMS to protect individuals receiving health care services from Medicare and Medicaid-certified facilities) .  These foundational health and safety standards cover 21 health care provider and supplier types for LTC participation in MA/MC programs, and on September 09, 2021, the vaccine mandate extended to MC/MA providers and suppliers.