On June 14, CMS released QSO-22-17-ALL, providing new information on how CMS will survey for compliance of the staff vaccination requirement.

CMS survey oversight of the staff vaccination requirement for Medicare and Medicaid-certified providers and suppliers will continue to be performed during initial and recertification surveys.

However, moving forward, staff vaccine mandate compliance review will only occur in response to complaints alleging non-compliance with this requirement instead of all complaint surveys regardless of the reason for the complaint. Under prior guidance, all surveys included oversight of the staff vaccination requirement.

According to DQA officials, since the CMS vaccine mandate was imposed, there have been very few complaints specifically alleging noncompliance with the staff vaccine mandate.

CMS also noted that nearly 12,000 providers and suppliers have been surveyed for compliance since the vaccine requirement went into effect in February 2022, and 95 percent of providers and suppliers have been found to be in substantial compliance with the vaccination requirement.

The change in survey protocol is specific to complaint surveys. Surveyors will continue to survey for compliance with the staff vaccination requirement for Medicare and Medicaid-certified providers and suppliers during initial and recertification surveys. However, again, for complaint surveys, surveyors will now only review vaccine mandate compliance in response to complaints alleging non-compliance with this requirement.