CMS Vaccine Rule Reinstated Across 25 States

  • by AGD Washington Advocacy Representative
  • Jan 6, 2022
Following a ruling by the 5th Circuit Court of Appeals, a judicial stay on the Centers for Medicare and Medicaid Services’ (CMS) COVID-19 vaccine rule has been lifted in 25 states. CMS will move forward with its vaccine enforcement in the states and territories not enjoined by the court’s ruling.

The CMS interim final rule mandates COVID-19 vaccination requirements for staff at covered Medicare and Medicaid facilities. The vaccination mandate applies to staff "regardless of clinical responsibility or patient contact,” and requires covered employees to be fully vaccinated by February 28, 2022. CMS has published an updated list of questions and answers as a resource on the rule.

The U.S. Supreme Court will hear oral arguments on CMS’ COVID-19 mandate and the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (ETS) for large employers on Friday, January 7, 2022.

Impact on General Dentistry: The CMS rule should not apply to private dental offices but may apply to dentists working in Medicare or Medicaid facilities such as hospitals, ambulatory surgical centers, nursing homes, rural health clinics, and federally qualified health centers (FQHCs). Dentists with hospital privileges or who work for the Indian Health Service (IHS) will also be impacted.