Reversing its prior position, CMS announced on December 28, 2021, that it would begin enforcement of the COVID-19 vaccine requirement, established by the interim final rule, published November 05, 2021, in 25 states and the District of Columbia[1] in a phased approach beginning January 27, 2022. With the announcement CMS issued guidance for surveyors regarding enforcement in S&C Memo QSO 22-07-ALL (“Memo”), describing how CMS will enforce the rule and how facilities that are non-compliant may avoid enforcement action if meeting certain threshold criteria during periods up to 90 days after issuance of the Memo as follows:
If a facility does not meet the 100% compliance rule, but policies and procedures are developed and implemented for ensuring all facility staff, regardless of clinical responsibility or patient or resident contact, are vaccinated for COVID-19, then:
The facility will be considered compliant if 100% of staff:
have received at least one dose of COVID-19 vaccine, or
have a pending request for or have been granted a qualifying exemption, or
have been identified as having a temporary delay as recommended by the CDC.
A facility that is not compliant would receive notice of their non-compliance with the 100% standard; however, the facility would not be subject to additional enforcement action, if:
the facility is above 80% compliance, and
has a plan to achieve a 100% staff vaccination...
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