CMS COVID-19 Vaccine Mandate Interim Final Rule

CMS’ recent November 5, 2021 COVID-19 Vaccine Mandate Interim Final Rule (86 FR 61555) presents a number of challenges for nursing homes and other providers in the Medicare and Medicaid Programs: developing the required policies, contingency plans and forms for mandated COVID-19 staff vaccinations and staff requests for exemptions; providing training for HR staff and others to be involved in processing and determining exemption requests; and, then putting all that into ongoing action to meet compliance requirements.  

State Survey Agency Staff are already advising provider staff to consult with counsel to get reach for all this, even while several States are asking Courts to stop CMS from implementing the new condition of participation rules prior to the Phase 1 December 6, 2021 effective date.

Capozzi Adler, P.C.’s attorneys have been assisting our health care clients in Pennsylvania and New Jersey with compliance, labor and employment, and training needs since 1997 and are available to assist your facility with preparations for the possible implementation of the CMS Interim Final Rule.  Contact Daniel K. Natirboff, Esquire at our Firm ( or 717-233-4101) to discuss your facility’s needs.