CMS Releases Regulatory Changes to COVID-19 Health Care Vaccination and Facility Testing Requirements
(June 9, 2023) – On May 31, the Centers for Medicare & Medicaid Services released regulatory changes to the COVID-19 health care staff vaccination requirements and long-term care facility testing requirements. The rule withdrew the COVID-19 health care staff vaccination requirements including removing the requirement for COVID-19 vaccination policies and procedures for health care staff. The rule also eliminated long-term care facility COVID-19 testing requirements, which had already expired in the regulation but required staff and residents of long-term care facilities to be educated on the vaccine and its benefits.
CMS' quality measures assessing the proportion of health care workers who are vaccinated for COVID-19 remain in place. Although the health care staff vaccination requirement is ending, the requirement to report staff vaccination rates to the National Healthcare Safety Network remains in effect as a hospital condition of participation 482.42 (e). CMS proposed updated versions of the measures in several fiscal year 2024 payment rules this spring.
In the FY 2022 inpatient prospective payment system/long-term care hospital prospective payment system final rule, CMS finalized the adoption of the COVID-19 Vaccination Among Health Care Personnel measure, beginning in October 2021 for the Oct. 1, 2021, through Dec. 31, 2021, reporting period affecting the FY 2023 payment determination and continuing for each quarter in subsequent years (86 FR 45374). Failure to report this measure will continue to be associated with reductions in the hospital's payments.
--Ron Marshall