South Dakota and surrounding states (Iowa, Nebraska, North Dakota, Wyoming and Montana) are currently excluded from enforcement of the Center for Medicare and Medicaid Services (CMS) Memo #QSO-22-07-ALL, released on December 28th, regarding COVID-19 vaccination requirements for providers and suppliers working in Medicare and Medicaid Certified facilities due to pending litigation. This vaccination requirement applies to hospitals, nursing homes, home health, hospice and several other levels of care that fall under CMS survey compliance and enforcement. Currently, Minnesota is our only neighbor who must comply with the rule or be subject to a variety of enforcement remedies including civil monetary penalties, denial of payment, and as a final measure, termination of participation from the Medicare and Medicaid programs. Facility staff vaccination rates under 100% constitute noncompliance under the rule.
The U.S. Supreme Court will hear oral arguments on January 7, 2022, for the challenges to both the CMS Interim Final Rule and OSHA Vaccination and Testing Emergency Temporary Standard.
For more information on how this will impact providers:General QSO-22-07-ALL Memo: https://www.cms.gov/files/document/qso-22-07-all.pdf
PPS Hospitals: https://www.cms.gov/files/document/qso-22-07-all-attachment-d-hospital.pdf
CAH Hospitals: https://www.cms.gov/files/document/qso-22-07-all-attachment-i-cah.pdf
Long Term Care and SNF (Nursing Homes): https://www.cms.gov/files/document/qso-22-07-all-attachment-ltc.pdf
Home Health Agencies: https://www.cms.gov/files/document/qso-22-07-all-attachment-g-hha.pdf
Hospice: https://www.cms.gov/files/document/qso-22-07-all-attachment-c-hospice.pdf
