On January 13 the U.S. Supreme Court upheld emergency regulation, The Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule, published by the Centers for Medicare and Medicaid (CMS) on November 5, 2021, requiring vaccination for workers in facilities that participate in Medicare and Medicaid. The staff vaccination requirement applies to the Medicare and Medicaid-certified outpatient provider and supplier types including Ambulatory Surgery Centers.
As a result of the Supreme Court decision, health care providers subject to the Omnibus Health Care Staff Vaccination rule in the 24 states (Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming) covered by this decision will now need to establish plans and procedures to ensure their staff are vaccinated and to have their employees receive at least the first dose of a COVID-19 vaccine.
The Supreme Court decision does not affect compliance timelines for providers in the District of Columbia, the territories, and the 25 states with a preliminary injunction in place. See the guidance released on December 28, 2021, for additional information.
Facilities 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 January 27, 30 days following the publication of the guidance. 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 February 28, 60 days following the publication of the guidance.