CMS Updates Staff Vaccination Requirements

​On October 26, the Center for Medicare and Medicaid Services (CMS) released Memo QSO-23-02-All revising its guidance and survey procedures for all healthcare provider types related to assessing and maintaining compliance with the staff vaccination regulatory requirements. The staff vaccination requirement for all CMS-certified providers and suppliers has been enforced in all states since February 20, 2022. To date, most providers and suppliers surveyed by states have been found to be in substantial compliance with this requirement. Facility staff vaccination rates under 100% of unexcepted staff constitute noncompliance; however, it does not necessarily lead to termination, and facilities have discretion to choose which additional precautions to implement that align with the intent of the regulation which is intended to “mitigate the transmission and spread of COVID-19 for all staff who are not fully vaccinated.” Regardless of a facility’s compliance with the staff vaccination requirements, surveyors will closely investigate infection prevention and control practices to ensure proper practices are in use.