| All three memos cover 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, however, the memos include 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:
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 key compliance dates for the effected states are:
- 30-day compliance and enforcement -January 27, 2022.
- 60-day compliance and enforcement – February 28, 2022
- 90-day enforcement date is March 28, 2022
Federal, state, Accreditation Organization, and CMS-contracted surveyors will begin surveying for compliance with these requirements as part of initial certification, standard recertification or reaccreditation, and complaint surveys 30 days following the issuance of this memorandum (January 27, 2022).
The second memo (QSO-22-09) issued on January 14, 2022, applies to all of the above states except Texas.
- 30-day compliance and enforcement -February 14, 2022.
- 60-day compliance and enforcement – March 15, 2022
- 90-day enforcement date is April 14, 2022
Federal, state, Accreditation Organization, and CMS-contracted surveyors will begin surveying for compliance with these requirements as part of initial certification, standard recertification or reaccreditation, and complaint surveys 30 days following the issuance of this memorandum (February 14, 2022).
The third memo (QSO-22-11) issued on January 20, 2022, applies to the state of Texas.
- 30-day compliance and enforcement -February 22, 2022.
- 60-day compliance and enforcement – March 21, 2022
- 90-day enforcement date is April 20, 2022
Federal, state, Accreditation Organization, and CMS-contracted surveyors will begin surveying for compliance with these requirements as part of initial certification, standard recertification or reaccreditation, and complaint surveys 30 days following the issuance of this memorandum (February 22, 2022).
To confirm the compliance and enforcement dates for each state, CMS has developed a table with state-by-state implementation deadlines for the health care staff vaccination rule. The table is available HERE. Please consult this table to determine specific Phase 1 and Phase 2 deadlines that apply to your agency.
Please also note that CMS stated 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.
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)
In addition, CMS provided several infographics that may be helpful in navigating the mandate:
Vaccination requirements: https://www.cms.gov/files/document/covid-19-health-care-staff-vaccination-requirements-infographic.pdf
Vaccination requirements decision tree: https://www.cms.gov/files/document/covid-19-health-care-staff-vaccination-requirements-decision-tree-graphic.pdf |
