On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) released an advance copy of the Interim Final Rule (IFR) related to COVID-19 vaccines for most of the entities covered by applicable Conditions of Participation, Conditions for Coverage or Requirements for Participation.

The CMS rule requires that covered facilities establish a policy requiring that all eligible staff receive the first dose of a two-dose COVID-19 vaccine or a one-dose COVID-19 vaccine by December 5, 2021 and complete their primary vaccination series by January 4, 2022, except for staff who have been granted an exemption from the COVID-19 vaccination. The rule does not provide testing as an alternative to vaccination. According to the CMS FAQs, the CMS rule preempts any state law that is contrary to the CMS rule, and the CMS rules take priority over other federal vaccination rules and standards for facilities that participate in and are certified under the Medicare and Medicaid programs and are regulated by CMS health and safety standards known as the Conditions of Participation. The CMS rule is effective on November 5, 2021.

The table below provides a summary of the provisions of the CMS rule: https://bit.ly/3q7Dedn

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Tom O'Day Tom O'Day

Tom advises and represents employers through sophisticated labor and employment matters, with a particular focus on the healthcare and education sectors. When investigation or litigation occurs, he’s a fierce advocate for clients, helping them to resolve issues with minimum interruptions to daily operations

Tom advises and represents employers through sophisticated labor and employment matters, with a particular focus on the healthcare and education sectors. When investigation or litigation occurs, he’s a fierce advocate for clients, helping them to resolve issues with minimum interruptions to daily operations while implementing best practices to avoid future litigation.

Photo of Barbara Grandjean Barbara Grandjean

Barb represents employers and employees inside and outside the courtroom. She frequently consults with employers regarding workplace issues, such as hiring, discipline and terminations, privacy and social media matters, medical and non-medical leave matters, reductions in force, executive employment, wage and hour matters…

Barb represents employers and employees inside and outside the courtroom. She frequently consults with employers regarding workplace issues, such as hiring, discipline and terminations, privacy and social media matters, medical and non-medical leave matters, reductions in force, executive employment, wage and hour matters, and employment handbooks, policies and training

Jessica Brown

Jessica focuses her practice on labor and employment matters and helping clients prevent litigation by advising on day-to-day employment policies. She also counsels employers regarding reductions of force and compliance with the WARN Act, and assists with the drafting and revising of employee

Jessica focuses her practice on labor and employment matters and helping clients prevent litigation by advising on day-to-day employment policies. She also counsels employers regarding reductions of force and compliance with the WARN Act, and assists with the drafting and revising of employee handbooks, restrictive covenants and confidentiality agreements.

Bethesda "Beth" Zewdie

Beth is a Labor & Employment attorney who handles a broad range of client matters with skill and sensitivity. She is known for taking on complex challenges. Whether helping clients research and draft proactive policies that mitigate risk, serving as an advocate during…

Beth is a Labor & Employment attorney who handles a broad range of client matters with skill and sensitivity. She is known for taking on complex challenges. Whether helping clients research and draft proactive policies that mitigate risk, serving as an advocate during litigation, or navigating pro bono asylum and immigration cases, Beth’s Labor & Employment legal practice is performance focused and multifaceted. In collaboration with attorney teams, she assists clients with:

  • Prevention and counseling
  • Litigation
  • Employment-related immigration sponsorship