The U.S. Supreme Court issued opinions in the CMS and Occupational Safety and Health Administration (OSHA) vaccination requirement cases on January 14, 2022. Assisted living providers are not included in the CMS interim final rule (IFR) and are now not subject to a federal vaccine/testing requirement.

The bottom line is as follows: 

• The preliminary injunctions against enforcement of the CMS IFR applicable to nursing facilities and other Medicare and Medicaid-certified providers, have been stayed, meaning that CMS can enforce its IFR nationwide; and
• The OSHA emergency temporary standards have been stayed, meaning they cannot be enforced. 

What This Means for Long Term Care Providers 

Nursing facilities and facilities that care for individuals with disabilities (ICF/IIDs) nationwide will be required to implement CMS’s rule. The QSO memo specific to nursing homes outlines the requirements that long term care providers must meet in order to be in compliance with this rule.

VHCA-VCAL encourages nursing facility members to review the January 6 CareConnection article, QSO Memo on Vaccine Mandate and Updated Template Policies and Procedures. It includes links and details about QSO-22-07-ALL and the attachment specific to long term care and skilled nursing facilities on the vaccine mandate. Providers are strongly encouraged to review the QSO memo in full. AHCA/NCAL has also updated its COVID-19 vaccine template policies and procedures.