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Ex. SEC-04-008 Order Primary source read

CMS-3414-IFC, 86 Fed. Reg. 26306

Medicare and Medicaid Programs; COVID-19 Vaccine Requirements for Long-Term Care (LTC) Facilities and Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICFs-IID) Residents, Clients, and Staff (adding 42 C.F.R. 483.80(d)(3) and 483.460(a)(4))

Centers for Medicare & Medicaid Services · United States (Federal)

The COVID Project

The record

Jurisdiction
United States
Level
Federal
Authority
Social Security Act 1819(d)(3), 1919(d)(3); interim final rule
Issued
2021-05-13 May 13, 2021
Effective
2021-05-21
End
Through the PHE (read as 2021-09-30)
In force
May 21, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Health care ordersWorkplace rulesVaccination or testing
Addressees
  • LTC facilities
  • ICFs-IID
Functions reached
  • IC
  • HR staff vaccination education and documentation
  • OF weekly reporting
  • CB residents
Collection
Home Care, Nursing and Senior Living SEC-04

Operative words

483.80(d)(3):... the LTC facility must develop and implement policies and procedures to ensure all the following: (i) When COVID-19 vaccine is available to the facility, each resident and staff member is offered the COVID-19 vaccine unless the immunization is medically contraindicated or the resident or staff member has already been immunized; (ii)... residents... and staff members are provided with education regarding the benefits and potential side effects... (iv)... the resident or staff member has the opportunity to accept or refuse... and (v)... documentation... [and 483.80(g)(1)(viii)-(ix) weekly NHSN reporting of resident and staff vaccination status].

Enforcement

F887; F884 reporting; part 488

Notes

Implemented by QSO-21-19-NH (Ex. SEC-04-009); the reported staff vaccination rates were the predicate for CMS's Aug. 18, 2021 announcement (Ex. SEC-04-024).