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On November 18, 2021, the Centers for Medicare & Medicaid Services (CMS) Division of Tribal Affairs, in collaboration with the CMS Center for Clinical Standards and Quality (CCSQ) held an All Tribes Webinar on an Interim Final Rule with Comment Period (IFC) that requires COVID-19 vaccination of applicable staff at Medicare and Medicaid certified health care facilities.  CMS is holding this All Tribes Call Consultation to explain how your health facilities can utilize the CMS Quality, Certification and Oversight Reports (QCOR) website at https://qcor.cms.gov/index_new.jsp to search for CMS certification numbers (CCN) of facilities subject to the IFC.  We will also answer Tribal concerns and questions raised on the previous webinar held on November 18, 2021.  All new questions for this Webinar must be forwarded in writing in advance of this webinar to the CMS Division of Tribal Affairs at TribalAffairs@cms.hhs.gov by close of business on February 2, 2022

Background: On November 4^th, CMS published an Interim Final Rule with Comment Period (CMS-3415-IFC) requiring COVID-19 vaccination of applicable staff at specific Medicare-certified health care providers and suppliers to protect those fighting this virus on the front lines while also delivering assurances to individuals and their families that they will be protected when seeking care.

The complete list of Medicare and Medicaid providers and suppliers subject to the COVID-19 staff vaccination rules is found in the IFC, which includes, for example, hospitals, ambulatory surgical centers, critical access hospitals, and federally qualified health centers.  Facilities covered by this regulation must establish a plan ensuring all applicable staff have received the first dose of a two-dose COVID-19 vaccine (Pfizer or Moderna) or a one-dose COVID-19 vaccine (J&J) prior to providing any care, treatment, or other services. The regulation also provides for exemptions based on federal law (including recognized medical conditions or religious beliefs, observances, or practices). Facilities must develop a process or plan for permitting exemptions in alignment with federal law.

On December 28, 2021, CMS issued updated guidance with a modified timeline for implementation and enforcement. For facilities located in states not listed below, the deadline for Phase 1 implementation is January 27, 2022, and the deadline for Phase 2 implementation is February 28, 2022.  As a result of the U.S. Supreme Court decision lifting an injunction against enforcement of the IFC in certain states, CMS issued additional guidance on January 14, 2022 specifically for Medicare and Medicaid certified facilities located in the following states: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia and Wyoming. The deadline for facilities in these states for Phase 1 implementation is February 14, 2022 and for Phase 2, the implementation date is March 15, 2022.  For facilities located in Texas, the Phase 1 implementation date is February 22, 2022 and for Phase 2, the implementation date is March 21, 2022.

To view a list of frequently asked questions updated as of January 20, 2022, please visit: www.cms.gov/files/document/cms-omnibus-staff-vax-requirements-2021.docx

To view the December 28^th guidance: https://www.cms.gov/files/document/qso-22-07-all.pdf  (QSO-22-07-ALL)

To view the January 14^th guidance:  https://www.cms.gov/medicareprovider-enrollment-and-certificationsurveycertificationgeninfopolicy-and-memos-states-and/guidance-interim-final-rule-medicare-and-medicaid-programs-omnibus-covid-19-health-care-staff-1

To view the interim final rule: https://www.govinfo.gov/content/pkg/FR-2021-11-05/pdf/2021-23831.pdf