The Centers for Medicare & Medicaid Services CMS), Quality, Safety & Oversight (QSO)Group has issued three separate guidance memorandums (QSO-22-07,QSO-22-09, and QSO-22-11) to address compliance with the CMS Omnibus COVID-19 Health Care Staff Vaccination, Interim Final Rule. Three memos have been issued to accommodate the varying Appeals Court and United States Supreme Court decisions reading whether CMS could go forward with a vaccine mandate for Medicare and Medicaid certified providers in certain states. Presently, all 50 states and territories are subject to the CMS vaccine mandate rule for staff.
All three memos contain the same requirements for compliance with a phased-in approach that follows 30-day, 60-day and 90-day compliance and enforcement time frames from the date that the individual memos were issued. Therefore, there are different compliance dates for states, depending on which memo applies.
The first memo (QSO-22-07) issued on December 28, 2021, applies to all states except the following:
Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wyoming .
The 30-day compliance and enforcement time frame for all other states is January 27, 2022. The 60-day compliance and enforcement date is February 28, 2022, and 90-day enforcement date is March 28, 2022
The second memo (QSO-22-09) issued on January 14, 2022 applies to all of the above states except Texas.
The 30-day compliance and enforcement time frame for these states is February 14, 2022. The 60-day compliance and enforcement date is March 15, 2022, and 90-day enforcement date is April 14, 2022.
The third and final memo(QSO-22-11) issued on January 20, 2022 applies to the state of Texas.
The 30-day compliance and enforcement time frame for Texas is February 22, 2022,
The 60-day compliance and enforcement date is March 21, 2022, and 90-day enforcement date is April 20, 2022.
In the memos, CMS states that if the 30 days or 60 days falls on a weekend or designated federal holiday, CMS will use enforcement discretion to initiate compliance assessments the next business day. Therefore, some of these days are not exactly 30-days or 60- days from the issuance of the respective memo.
CMS has also updated the FAQ document for the CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule. External FAQ IFC-6 – 1.21.22 (cms.gov)