On May 1, 2023, the Biden-Harris Administration announced COVID-19 vaccination requirements for Federal employees, Federal contractors and international air travelers would end on May 11, 2023. This date coincided with the end of the COVID-19 Public Health Emergency (PHE). The announcement also indicated that HHS would start the process to end the staff vaccination requirements for CMS-certified healthcare facilities. Although taking a little longer than many anticipated, CMS has finally issued details on the end of its COVID-19 vaccination mandate.
With the release of a pre-publication final rule, CMS has effectively announced the end of the COVID-19 staff vaccination requirements for CMS-certified healthcare facilities. The rule, which is scheduled for publication on June 5, 2023, will terminate the mandatory COVID-19 vaccination requirements that were put in place with the Interim Final Rule issued on November 5, 2021. The final rule will not go into effect until 60 days after publication, however, CMS has indicated that due to the fact that facilities are no longer operating under the PHE it will not be enforcing the staff vaccination requirements during the time from publication until the final rule goes into effect.
CMS-certified healthcare facilities should assess the impact of the CMS final rule on their operations. Additionally, such facilities should continue to be aware of any specific state law requirements relating to COVID-19 vaccination requirements.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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