On Monday, June 5, the Centers for Medicare and Medicaid Services’ final rule rescinding nursing home staff COVID-19 vaccination requirements and testing requirements was officially published in the Federal Register.

The rule becomes effective on August 4, 2023, but CMS has announced that regulators will use enforcement discretion to not enforce those regulations during the two-month period before the final rule is technically in effect.

WHCA/WiCAL is awaiting response from DQA to ensure that the state plans to take the same approach to enforcement discretion of the vaccine mandate and testing requirements.

Updated Survey Pathway Now Available

CMS has also updated the Infection Control Critical Element pathway related to the end of the Healthcare Provider Vaccine Mandate. The pathway was updated to remove all surveyor guidance related to F888 (Staff Vaccine).

Surveyors are advised to verify compliance with requirements for educating and offering COVID-19 immunization only. All other areas regarding staff COVID vaccines were removed from the pathway. The Entrance Conference form was also updated to remove all staff vaccine requirements and to remove the need for facilities to maintain a vaccine matrix. Facilities are reminded to continue to document vaccine education to both residents and staff.

There is also a change unrelated to the vaccine update. Under “Instructions” for the Interim LTCSP Initial Survey and Certification Process, facilities that are not yet certified should still complete minimum data set (MDS) assessments, despite not being able to submit them until the facility is certified.