CMS COVID-19 Vaccine Mandate

November 16, 2021
 / 
Rick Gawenda
 / 

Update December 4, 2021

From CMS:

On November 29 and November 30, 2021, the United States District Court for the Eastern District of
Missouri and United States District Court for the Western District of Louisiana issued preliminary
injunctions against the implementation and enforcement of the Interim Final Rule against Medicare and Medicaid-certified providers and suppliers.

CMS has appealed both of these decisions, and has filed motions for stays of these orders. While CMS remains confident in its authority to protect the health and safety of patients in facilities certified by the Medicare and Medicaid programs, it has suspended activities related to the implementation and enforcement of this rule pending future developments in the litigation. Accordingly, while these preliminary injunctions are in effect, surveyors must not survey providers for compliance with the requirements of the Interim Final Rule. Health care facilities, of course, may voluntarily choose to comply with the Interim Final Rule.

On November 4, 2021, the Biden-Harris Administration issued an emergency regulation requiring COVID-19 vaccination for healthcare workers. In this article, I will answer the following questions:

  1. What settings does the COVID-19 vaccination mandate apply to?
  2. Does the COVID-19 vaccination mandate apply to private practices?
  3. Does the COVID-19 vaccination mandate apply to assisted living facilities and/or group homes?
  4. Does the COVID-19 vaccination mandate apply to therapy and therapy assistant students?
  5. What are the deadline dates for staff covered by this mandate to be vaccinated?
  6. Are there exemptions available for staff who may not want to get vaccinated?
  7. Does the regulation allow for weekly COVID-19 testing in lieu of getting vaccinated?
  8. Where can I obtain additional information regarding the COVID-19 vaccination mandate?

Let’s Begin!

Question #1
What settings does the COVID-19 vaccination mandate apply to?

Answer #1

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Question #2
Does the COVID-19 vaccination mandate apply to private practices?

Answer #2

The content here is for members only log in here or sign up.

Question #3
Does the COVID-19 vaccination mandate apply to assisted living facilities and/or group homes?

Answer #3

The content here is for members only log in here or sign up.

Question #4
Does the COVID-19 vaccination mandate apply to therapy and therapy assistant students?

Answer #4

The content here is for members only log in here or sign up.

Question #5
What are the deadline dates for staff covered by this mandate to be vaccinated?

Answer #5

The content here is for members only log in here or sign up.

Question #6
Are there exemptions available for staff who may not want to get vaccinated?

Answer #6

The content here is for members only log in here or sign up.

Question #7
Does the regulation allow for weekly COVID-19 testing in lieu of getting vaccinated?

Answer #7

The content here is for members only log in here or sign up.

Question #8
Where can I obtain additional information regarding the COVID-19 vaccination mandate?

Answer #8

The content here is for members only log in here or sign up.

I hope you found this article to be informative. Thank you for being a Gold Member!

All material posted on our website is intellectual property of Gawenda Seminars & Consulting, Inc. and can’t be used, reproduced, or posted as your own material without prior written approval of Gawenda Seminars & Consulting, Inc.


All material posted on our website is the intellectual property of Gawenda Seminars & Consulting, Inc. and can’t be used, reproduced, or posted as your own material without the prior written approval of Gawenda Seminars & Consulting, Inc.

This article is not intended to and does not serve as legal advice or as consultative services, but is for general information purposes only.

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  1. hello, I own a small ORF ( Outpatient Rehab Facility), providing PT/OT/ST. I have 7 employees and 1 DPT sub contractor, my CCC-SLP is vacinated and only does Zoom meetings with patients. . Am I able to accept religious exemptions and then do I need to provide weekly testing.. Is there a specific form for my self and those employees, sub contractor not taking the vax. Please advise.