CMS Withdraws COVID Vaccine Requirement

Following the end of the COVID-19 national and public health emergencies earlier this year (as discussed in our April 2023 E-Update), the Center for Medicare and Medicaid Services has now withdrawn its regulation requiring Medicaid and Medicare-certified healthcare providers to mandate COVID-19 vaccination for all applicable staff. Although the withdrawal is not technically effective until August 4, 2023, CMS states that it will no longer enforce the regulation.

Additionally, CMS confirmed that its COVID-19 testing requirement for long-term care facilities expired with the end of the public health emergency. However, long-term care facilities, as well as intermediate care facilities for individuals with intellectual disabilities, must still comply with CMS’ rule requiring them to provide education on COVID-19 vaccines to residents, clients and staff, and to offer them COVID-19 vaccines, consistent with existing requirements as to other infectious diseases (e.g. flu and pneumococcal disease).