VACCINE NEWS
Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule
- Read the IFR here (Nursing facility regulations start on page 185)
- CMS FAQ Available
- LeadingAge National summary here
- The CMS vaccine rule supersedes any conflicting state laws and any other conflicting federal laws (such as OSHA mandate and ETS)
Phase 1: Dec 5, 2021
- All policies and procedures in place
- First shots done or religious/medical exemption requested or granted
Phase 2: Jan 4, 2022
- All vaccinated unless exemption granted or other limited circumstances preventing
Key FAQs
- Who does this apply to? All CMS regulated facilities, such as nursing homes, hospitals, home health agencies, hospice, PACE
- No. CMS states that they do not regulate those settings and so the mandate rule does not apply to them
- Any and all staff, volunteers and contractors who interact with patients or other staff in the building on a regular or extended basis. This includes off-site workers who may only interact with other staff
- Are exemptions allowed? Yes. Medical exemptions and exemptions for sincerely held religious beliefs. The IFC specifically identifies criteria that must be met in order to grant a medical exemption. Religious exemptions are not as black and white. CMS references two resources for providers to consult: EEOC Compliance Manual on Religious Discrimination and a Religious Exemption Request Template
- What accommodations must be made? The regulation requires that facilities develop a process for implementing additional precautions for any staff who are not vaccinated, in order to mitigate the transmission and spread of COVID-19
- How will they enforce? Normal survey enforcement process through recert or complaint surveys
Policies and procedures must include, at a minimum, processes addressing the following:
- Ensuring that all staff have at least one dose of COVID-19 vaccine prior to providing any care, treatment, or services
- Ensuring that all staff are fully vaccinated against COVID-19
- Requesting exemption from COVID-19 vaccination based on a medical contraindication or sincerely held religious belief
- Tracking and securely documenting exemption requests and outcomes
- Ensuring exemption requests due to medical contraindication meet documentation requirements outlined in the rule.
- Additional precautions to be taken by those who are not fully vaccinated including but not limited to testing, physical distancing, and source control.
- Tracking and securely documenting the vaccination status of all staff, including those who are exempt from vaccination.
- Tracking and securely documenting the status of those who are temporarily delayed from becoming fully vaccinated based on recommendations from the Centers for Disease Control & Prevention (CDC)
- Contingency plans for unvaccinated staff
LEADINGAGE KANSAS NEWS
Here is the Recording and Handouts from Our Friday Webinar
The talk today was all about the Interim Final Rule for Omnibus COVID-19 Health Care Staff Vaccination. Rachel provided a great overview of the key items and fielded many great questions.
Listen to the recording. Download the handouts. Do you have more questions? Contact Rachel.
If you haven’t already done so, register here for upcoming calls through the end of the year.
LEADINGAGE NATIONAL NEWS
Vaccine Mandates for Housing Providers: Making Sense of the New OSHA Rule
On November 4th, the Occupational Safety and Health Administration (OSHA) issued a new rule that requires employers with 100 or more staff to implement either an employee vaccine mandate or weekly testing protocols. This rule will apply to employees spread out at various housing communities that are employed by a single housing provider or management company. For a discussion on how the new emergency rule will impact housing providers, members can join LeadingAge’s Housing Advisory Group call on Monday, November 8th, at 11:30 AM CT. Reach out to Linda (lcouch@leadingage.org) or Juliana (jbilowich@leadingage.org) for more information about our Housing Advisory Group. LeadingAge’s analysis of the rule is available here.
NEW ACTION ALERT: Build Back Better Infrastructure Must Include More Funding for Older Adults
Congressional leaders are moving quickly to enact a pared-down $1.75 trillion dollar Build Back Better bill. We appreciate the funding for programs that support older adults included in the Build Back Better Act; we urge that the final bill include these provisions but also expand the funding available for older adults. Please help us ask Congress to include stronger supports for older Americans and their families!
The funding for programs included in the Build Back Better Act framework are an historic step—but we urge that the final bill also include expanded support that millions of older adults need. As negotiations continue, please reach out to ask Congress NOW to enhance the Build Back Better Act.
Congress must:
- Increase to at least $1 billion, the bill’s current $500 million for HUD’s Section 202 Supportive Housing for the Elderly funding program. . Without more Section 202 housing, the bill’s Home and Community Based Services and Money Follows the Person investments cannot be realized and low income older adults will continue to languish on the growing waiting lists for service-connected, affordable housing.
- Preserve or increase the bill’s $150 billion for Home and Community Based Services. Older adults must be able to get the help they need to age in place wherever they call home. This minimum investment will help ensure access to services as well as bolster wages of the direct care professionals (primarily of low income women of color), who deliver that care.
- Preserve or increase the bill’s key workforce investments:
o $150 billion Medicaid HCBS Expansion
o $1.6 billion for Nursing Home Workforce Training Grants.
o $1 billion for grants to support the Direct Care Workforce
o $425 million to expand the Health Profession Opportunity Grants.
o $20 million for Technical Assistance Centers for Supporting Direct Care and Caregiving.
o $40 million in Funding to Support Unpaid Caregivers Behavioral Health Needs.
o $30 million in funding for Palliative Care and Hospice Education and Training.
o $20 million for Hospice and Palliative Nursing.
o $350 million for individuals to carry out nontraditional apprenticeship programs.
We can’t let up now. Without these investments in our aging services infrastructure, too many older adults will not have their basic needs met. Send a message to your U.S. Representative and Senators today.
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