CMS and DOL Issue Emergency COVID-19 Vaccination Requirements
The Centers for Medicare & Medicaid Services (CMS) released an
emergency interim final rule requiring health care workers at facilities participating in the Medicare or Medicaid programs to receive a COVID-19 vaccination. According to CMS, “[f]acilities covered by this regulation must establish a policy ensuring all eligible staff have received the first dose of a two-dose COVID-19 vaccine or a one-dose COVID-19 vaccine prior to providing any care, treatment, or other services by December 5, 2021. All eligible staff must have received the necessary shots to be fully vaccinated—either two doses of Pfizer or Moderna or one dose of Johnson & Johnson—by January 4, 2022.”
Exemptions to the regulation based on medical conditions or religious beliefs can be granted.
Shortly after CMS issued its emergency regulation, the Department of Labor (DOL) issued a similar one. DOL’s interim final rule applies to employers with over 100 employees. This regulation requires employers to decide whether they will require all employees to obtain a vaccine or whether they will establish a weekly testing protocol for unvaccinated employees. Unvaccinated employees would also be required to wear masks while at work. Employers would not be required to pay for the weekly testing or to provide masks. Under the DOL rule, employers must comply with most requirements within 30 days of publication (by Dec. 5) and must comply with testing requirements within 60 days of publication (by Jan 4).
Both regulations require employers to obtain proof of vaccination from employees. Interim final rules are effective upon publication, and both rules were published on Nov. 5. However, both CMS and DOL will have comment periods associated with these regulations.
