Update on Enforcement Deadlines for CMS Vaccination Mandate

At this time, the Center for Medicare and Medicaid Services’ interim final rule requiring Medicaid and Medicare-certified healthcare providers to mandate vaccination against COVID-19 for all applicable staff (as discussed in our November 8, 2021 E-lert) is now in effect in all states. However, according to CMS, the enforcement deadlines vary, depending on whether a stay previously applied in the state.

There are two compliance deadlines: For Phase 1, staff at all covered health care facilities must have received at least the first dose of a two-dose regimen (Moderna or Pfizer) or the single dose of the Johnson & Johnson/Janssen vaccine. For Phase 2, the staff must have completed the required vaccinations, except for those with legally required medical or religious exemptions, or those for whom vaccination must be delayed for medical reasons as recommended by the CDC.

The following states are subject to a Phase 1 deadline of January 27, 2022 and a Phase 2 deadline of February 28, 2022: CA, CO, CT, DE, DC, FL, HI, IL, ME, MD, MA, MI, MN, NV, NJ, NM, NY, NC, OR, PA, RI, TN, VT, VI, WA and WI.

The following states are subject to a Phase 1 deadline of February 14, 2022 and Phase 2 deadline of March 15, 2022: AL, AK, AZ, AR, GA, ID, IN, IA, KS, KY, LA, MS, MO, MT, NE, NH, ND, OH, OK, SC, SD, UT, WV, and WY.

Texas is subject to a Phase 1 deadline of February 22, 2022, and a Phase 2 deadline of March 21, 2022.