The COVID Project
The record
- Jurisdiction
- United States (Medicare and Medicaid LTC facilities and ICFs-IID)
- Level
- Federal
- Authority
- Social Security Act §§ 1819, 1919, 1871
- Issued
- 2021-05-13 May 13, 2021
- Effective
- 2021-05-21 ('These regulations are effective on May 21, 2021') (read as 2021-05-21)
- End
- in force through 2021Q3 and beyond (reporting provisions continued; education/offer requirements later revised) (read as 2021-09-30)
- In force
- May 21, 2021 to Sept. 30, 2021
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Health care ordersWorkplace rulesVaccination or testing
- Addressees
- every Medicare/Medicaid nursing facility (educate and offer COVID-19 vaccination to residents and staff; report vaccination status to NHSN)
- ICFs-IID
- 'staff' including contractors, hospice and dialysis staff, therapists and volunteers who provide services on-site at least weekly
- Functions reached
- RS/IC nursing homes (home-care-senior-living)
- HR/WF of nursing homes and their contractors (staffing PL; hospice HC; therapy providers)
- OF reporting
- Collection
- Federal health, safety and transport layer FED-A
Operative words
With this IFC, we are amending the requirements at § 483.80 to add a new paragraph (d)(3). We require at new § 483.80(d)(3)(i) that LTC facilities develop and implement policies and procedures to ensure that they offer residents and staff vaccination against COVID-19 when vaccine supplies are available.... Any of these individuals who provide services on-site at least weekly would be included in 'staff' who must be educated and offered the vaccine as it becomes available.... DATES: These regulations are effective on May 21, 2021.
Enforcement
F-tag F887 (education and offering); F884 (reporting); civil money penalties
Notes
A federal rule in force on every day of 2021Q3 that compelled every nursing home to run a vaccination education, offering, documentation and weekly NHSN reporting program for residents and for every regular on-site worker, employed or contracted. Implemented by QSO-21-19-NH (FED-163).
Retrieval noteDisplay date May 11, 2021 (per QSO-21-19-NH: 'On May 11, 2021, CMS published an interim final rule'); Federal Register publication May 13, 2021. 86, No. 91, Thursday, May 13, 2021; effective May 21, 2021; May 11 is the public-inspection date and does not appear in the exhibit).