CMS to Require Vaccinations for Workers at Medicare and Medicaid-Certified Facilities

September 17, 2021 | Insights

As companies of all types and sizes continue to deal with the potential legal implications of the COVID-19 pandemic for their businesses, Jackson Walker provides insights and resources on the COVID-19 Legal Resources & Insights site.

By Jed Morrison

The Centers for Medicare & Medicaid Services (CMS) has announced that it will issue emergency regulations expanding its requirement for nursing home staff to be vaccinated to include workers at Medicare and Medicaid-certified hospitals, dialysis facilities, ambulatory surgical settings, and home health agencies, among others. CMS is expected to issue an Interim Final Rule with Comment Period in October 2021.

In its September 9, 2021, announcement, CMS urged health care workers employed at facilities participating in the Medicare and Medicaid programs to begin the vaccination process immediately if they have not already been vaccinated. Facilities are also encouraged to use all available resources to support employee vaccinations.

The CMS announcement comes on the heels of Gov. Abbott’s August 25, 2021, Executive Order 39 that among other things prohibits state agencies from enforcing a vaccine mandate against any individual.

The combination of the federal mandate and the state prohibition likely will result in multiple challenges to one or both initiatives.

For questions about how you or your business may potentially be impacted, please contact Jed Morrison, Denise Rose, or any Jackson Walker attorney.

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Please note: This article and any resources presented on the JW Coronavirus Insights & Resources site are for informational purposes only, do not constitute legal or medical advice, and are not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described. Your use of these materials does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.