Last week, the Biden administration released two rules related to mandatory vaccination against COVID-19: A CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule with Comment Period, and an OSHA Emergency Temporary Standard for COVID-19 Vaccination and Testing.
We encourage members to review all FAQs thoroughly, but APMA notes two relevant questions:
Q: To which provider and supplier types does this apply?
A: The staff vaccination requirement applies to the following Medicare and Medicaid-certified provider and supplier types: Ambulatory Surgery Centers, Community Mental Health Centers, Comprehensive Outpatient Rehabilitation Facilities, Critical Access Hospitals, End-Stage Renal 2 Disease Facilities, Home Health Agencies, Home Infusion Therapy Suppliers, Hospices, Hospitals, Intermediate Care Facilities for Individuals with Intellectual Disabilities, Clinics, Rehabilitation Agencies, and Public Health Agencies as Providers of Outpatient Physical Therapy and Speech-Language Pathology Services, Psychiatric Residential Treatment Facilities (PRTFs) Programs for All-Inclusive Care for the Elderly Organizations (PACE), Rural Health Clinics/Federally Qualified Health Centers, and Long Term Care facilities.
Q: Would a physician with admitting privileges in a hospital be covered under this requirement?
A: Yes, a physician admitting and/or treating patients in-person within a facility subject to the CMS health and safety regulations and included as a part of this requirement must be vaccinated so that the facility is compliant.
Important note: Over the weekend, and as of the drafting of this article on Monday, November 8, the Fifth US Circuit Court of Appeals granted an emergency stay of this rule. The administration must provide an expedited reply to the motion for a permanent injunction Monday, followed by petitioners' reply on Tuesday.
APMA is in the process of reviewing both rules and will provide members with more information in the coming days. Watch the APMA Weekly Focus for more news.
In the meantime, if you have any questions, email the APMA Health Policy and Practice department at email@example.com.