CMS Revises Vaccination Mandate Guidance to Include Enforcement Provisions for Home Care/Hospice
On Oct. 26th, the Centers for Medicare and Medicaid Services (CMS) revised its guidance and survey procedures for all provider types related to assessing and maintaining compliance with the COVID-19 staff vaccination regulatory requirements.
Medicare and Medicaid-certified facilities, including Certified Home Health Agencies (CHHAs) and hospice providers, are expected to comply with all applicable regulatory requirements, and CMS has a variety of established enforcement remedies. For nursing homes, home health agencies, and hospice (beginning in 2022), this includes civil monetary penalties, denial of payments, and – as a final measure – termination of participation from the Medicare and Medicaid programs.
For home health and hospice agencies, the following language is new:
For instances of noncompliance identified through the survey process, the level of deficiency will be determined based on the threat posed to patient health and safety.
Situations indicating egregious noncompliance, such as a complete disregard for the requirements, should be cited at the condition level. Examples of egregious noncompliance could include more than 50% of staff being unvaccinated (unless exempted, or temporarily delayed), and/or policies and procedures have not been implemented as required. When there are egregious cases of noncompliance, state survey agencies should notify the CMS location of the information.
Examples of when noncompliance should be cited at the standard level could include less than 50% of staff being unvaccinated and/or 1 or more of the policies and procedures have not been implemented as required, but good faith efforts are being made toward compliance with the staff vaccine requirements.
NOTE: Regardless of a facility’s compliance with the staff vaccination requirements, surveyors should closely investigate infection prevention and control practices to ensure proper practices are in use, such as proper use of personal protective equipment, transmission precautions which reflect current standards of practice, and/or other relevant infection prevention and control practices that are designed to minimize transmission of COVID-19.
Please review the guidance for your specific provider type here. Members are likely already in compliance with the federal mandate, as staff must be fully vaccinated per State mandates.
Contact: Meg Everett, meverett@leadingageny.org, 518-867-8871