CMS Final Rule Removes COVID-19 Testing and Staff Vaccination Requirements
On May 31, 2023, the Centers for Medicare and Medicaid Services (CMS) announced a final rule, “Medicare and Medicaid Programs; Policy and Regulatory Changes to the Omnibus COVID-19 Health Care Staff Vaccination Requirements; Additional Policy and Regulatory Changes to the Requirements for Long-Term Care (LTC) Facilities and Intermediate Care Facilities for Individuals With Intellectual Disabilities (ICFs-IID) to Provide COVID-19 Vaccine Education and Offer Vaccinations to Residents, Clients, and Staff; Policy and Regulatory Changes to the Long Term Care Facility COVID-19 Testing Requirements.”
This rule will be effective 60 days after it is published in the federal register, which is scheduled to happen on June 5, 2023.
This rule makes three key changes:
- Removes expired language addressing staff and resident COVID-19 testing requirements issued in the interim final rule (IFR) “LTC Facility Testing” on September 2, 2020.
- Withdraws the regulations published the IFR “COVID-19 Health Care Staff Vaccination” on November 5, 2021.
- Finalizes certain provisions published in the IFR “COVID-19 Vaccine Educate and Offer” on May 13, 2021.
CMS will not be enforcing the staff vaccination provisions between now and the effective date of this final rule.
More details are available here. Please contact regulatory@ahca.org with questions.