AHCA/NCAL COVID-19 Update | CMS Will Not Enforce Vaccine Mandate During Preliminary Court Injunctions
The Centers for Medicare & Medicaid Services (CMS) released a QSO memo advising state survey agencies they should not enforce the Interim Final Rule (IFR) regarding the vaccine mandate or requirements for policies and procedures in certified Medicare/Medicaid providers and suppliers while there are court-ordered injunctions in place pending additional clarity from the courts. This includes nursing facilities, hospitals, dialysis facilities, and all other provider types covered by the rule. The agency notes health care facilities, of course, may voluntarily choose to comply with the IFR.
The government has appealed the preliminary injunctions, and with the ongoing litigation, the Court-ordered injunctions could be reversed at any time. AHCA/NCAL recommends members continue to encourage staff to get COVID-19 vaccines and prepare for a vaccine mandate so that if the government’s arguments prevail, policies and procedures can be quickly implemented. AHCA/NCAL will provide additional details as soon as anything changes.
In addition, nursing homes are still required to meet the demands of the May 2021 IFR on educating and offering the COVID-19 vaccine to staff and residents, which includes tracking vaccination status of all staff.
The Association recognizes the importance of COVID-19 vaccines in reducing outbreaks and saving lives and encourages providers to continue to schedule booster clinics to protect residents and staff. Members can find free resources on encouraging uptake on AHCA/NCAL’s #getvaccinated website.
A recording of yesterday’s Office Hours on the Vaccine Mandate hosted by AHCA/NCAL will be available soon. Additionally, a recording of the Association’s webinar on religious and medical exemptions is now available.
Additional COVID-19 Updates
HRSA Updates on Rural Payments and Period 1 Reporting: HRSA recently provided an update on Rural Allocation payment amounts, reasons for payment delays, and information on how to address delayed Period 1 Reporting. The agency reported 96 percent of Rural Payments have been processed, and 11 percent of payment dollars ($788M) issued last week were to nearly 8,300 SNFs. Read More
CMS Updates Blanket Waivers with 1135 Waiver for Directors of Food and Nutrition Services: CMS has updated the COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers to include the new waiver for directors of food and nutrition services. Read More
Please email COVID19@ahca.org for additional questions, or visit ahcancal.org/coronavirus for more information.
NYSHFA/NYSCAL CONTACTS:
Jackie Pappalardi, RN, BSN
Executive Director
518-462-4800 x16
Lisa Volk, RN, B.P.S., LNHA
Director, Clinical & Quality Services
518-462-4800 x15
