On the same day that OSHA issued its emergency temporary standard (“ETS”) requiring vaccination of employees of companies with 100 or more employees, the Centers for Medicare & Medicaid Services (“CMS”) published its own regulation mandating the vaccination of employees of covered healthcare providers.

Per the CMS regulation, covered facilities must ensure that workers receive either the first dose of a two-dose vaccine or a single-dose vaccine, or otherwise request an exemption from such requirements, by December 5, 2021.  Except for those workers granted an exemption or delay in vaccination per Centers for Disease Control (CDC) recommendation, all staff must be fully vaccinated by January 4, 2022.  There is no option to test weekly and opt out of vaccination under the CMS regulation.

The CMS regulation applies to certified home health agencies, but notably does not apply to home and community-based services. Thus, it appears that the CMS regulation will not apply to New York’s LHCSAs or FIs.

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