Next Steps for Medical Facilities Following Supreme Court Vaccination Opinion

Health care facilities have just a few weeks of preparation ahead of them after last week’s U.S. Supreme Court decision to uphold vaccine mandates for health care workers, including environmental services (EVS) staff.

The Supreme Court held that the U.S. Centers for Medicare & Medicaid Services (CMS) has authority to address infection control and the power to protect patient safety. Additionally, the Supreme Court determined that CMS’ vaccination rule aligns with regulatory requirements for participating providers and suppliers to enforce programs that prevent infections and control communicable diseases.

In preparation for the mandate, JD Supra reports health care facilities must:

• Determine if CMS’ vaccination rule applies to them. It does not include physician practices but may apply to practice staff who spend time in regulated facility categories.
• By the phase 1 deadline of the rule on January 27, 2022, have policies ensuring all eligible staff have received the first dose of a two-dose COVID-19 vaccine or a one-dose COVID-19 vaccine prior to providing any care, treatment, or other services.
• By the phase 2 deadline on February 28, 2022, ensure all staff is fully vaccinated. As CMS previously postponed the enforcement dates due to this litigation, providers and suppliers will want to monitor to see if the agency does so again.
• Allow exemptions for staff as a reasonable accommodation for a disability or a sincerely held religious belief, observance, or practice, and for medical reasons.
• Consider ways to incentivize staff to assist the facility in complying with the vaccine mandate.
• Closely scrutinize operations to determine which staff members require vaccinations. CMS broadly defined staff to include individuals who provide care, treatment, or other services for the facility and/or its patients, whether employed or under contract or another arrangement, including volunteers and remote employees.
• Be aware of developments with respect to the definition of “fully vaccinated” and any boosters that may be required for their staff.