CMS Vaccine Requirement Information

What You Need to Know

/sites/clinton/assets/uploads/ReligiousAccomadation_112421.pdf

On November 5, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an Interim Final Rule (IFR) with Comment Period, 86 Fed. Reg. 61555 (Nov. 5, 2021), requiring mandatory COVID-19 vaccination of staff of many Medicare and Medicaid-certified healthcare providers and suppliers. Citing its broad statutory authority to develop health and safety requirements through its Conditions of Participation, Conditions for Coverage, and Requirements for Participation, CMS has set a January 4, 2022 deadline for those staff to be fully vaccinated.

The CMS mandate is the highest rule that hospitals must follow in this situation. The CMS rule is higher than the OSHA mandate, the Federal mandate and any state law.

OSHA has other rules that may or may not be pertinent to the CMS mandate.
The federal mandate that is meeting opposition in the courts is not the CMS mandate.
State laws that limit vaccine mandates are superseded by this rule for hospitals under the Supremacy Clause of the U.S. Constitution.

Weekly covid testing is not an option under the CMS mandate. Vaccination has proven to be more effective than regular testing. CMH will not be offering a testing option in lieu of vaccination.

The OSHA mandate does permit mandatory testing instead of vaccination in some work environments. In hospitals, we must be vaccinated per CMS.

This mandate pertains to new employees as well as current staff.

If CMH and its staff does not comply with this mandate, CMS may terminate CMH. This would lead to CMH not being able to operate as a hospital. CMH is committed to remaining within the legal and ethical bounds of this rule.

Definitions:

CMS – Centers for Medicare & Medicaid Services. A federal healthcare program that pays hospitals and other healthcare providers for medical services.

Conditions of Participation – CMS rules that every hospital and healthcare provider that receives Medicare or Medicaid payments from must follow. Hospitals must follow Conditions of Participation or they will not get paid and may lose accreditations such as Joint Commission.

OSHA – Occupational and Safety and Health Administration. Sets rules and guidelines for worker safety.

Federal Mandate – Rule from the federal government that all employers with more than 100 people must mandate covid vaccinations for their staff.

Fully vaccinated – Having both shots of either two-shot vaccine (Moderna or Pfizer) or having the only shot of a single shot vaccine (Johnson & Johnson). Third doses or “boosters” are not part of the current definition of “fully vaccinated”. This might change in the future.

ONSITE VACCINE CLINIC

Tuesday, November 23rd from 11:00 AM- 1:00 PM in the CAFE CONFERENCE ROOM

WALK-INS ONLY- NO APPOINTMENT NEEDED

Please download and complete the documents below prior to your vaccine.

COVID VACCINE REGISTRATION

INFLUENZA QUESTIONAIRE

Bring your insurance card.

Your second dose will be given on December 20th.

You can also visit the following site: https://www.vaccines.gov/search/ for other vaccine clinic locations near you.

Additional Information

Religious Exemption Form

We have an obligation to accommodate an employee's sincerely held religious belief under Title VII of the Civil Rights Act (Title VII), unless the accommodation creates an undue hardship. A sincerely held religious belief can include an employee's religious-based objection to vaccinations.

Download

Medical Exemption Form

There may be rare exceptions for staff who have a recognized medical contraindication and may be at risk for an adverse reaction because of an allergy to one of the vaccine components or a medical condition.

Download

Employee Survey

Employees who are not fully vaccinated should complete the Microsoft Forms Survey and upload appropriate documents – COVID Vaccine Cards, Medical or Religious Accommodation request and appropriate provider certification forms.

Survey

Frequently Asked Questions

Why are we requiring COVID-19 vaccination?
CMS has issued rules mandating health care providers require COVID-19 vaccine for their workforce.
Who will be required to vaccinate?
All workers and staff at CMH.

“Workers and staff” refer to any and all people working at CMH (onsite and offsite), staff, providers, students, vendors & contractors unless their job is 100% telecommuting with zero physical interaction with other staff or patients.
What is the deadline for vaccination?
Workers must have either their first dose or a complete dose of an FDA or WHO COVID-19 vaccine, that is fully approved or approved for emergency use, by December 6, 2021.

Workers must have their completed dose(2^nd shot) of a two-shot series done by January 4, 2022.

Any healthcare worker not meeting these deadlines will not be able to report to work on December 6^th or January 4^th.
Are there any exemptions?
There may be rare exemptions for documented medical contraindications or staff who have a federally protected reason to decline the vaccination.
- Exemptions must be in-line with the American Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Equal Employment Opportunity Commission’s Compliance Manual.
- Staff with valid and approved exemptions may be required to utilize different precautions to mitigate the transmission and spread of Covid-19.
Prior Covid infection or antibody testing does not exempt anyone from this mandate.
What happens if I do not comply with this requirement by the deadline?
Staff that do not meet the vaccination requirement or have a CMH approved exemption prior to the dates listed will be placed on unpaid administrative leave. Continued non-compliance with this law will lead to termination.

Staff on PTO or a leave of absence during these deadlines still must meet the vaccination requirement prior to returning to work. CMS has not provided any grace period.

COVID-19 Vaccine Policy

If you have any questions regarding the CMS vaccine mandate please email Covid19@CMHRegional.com.