The Biden Administration announced yesterday that it would end the national health care worker vaccination mandate concurrently with the end of the public health emergency (PHE) on May 11. The administration terminated the separate COVID-19 national emergency on April 10, by enacting H.J. Res 7.
The rule was originally established in November 2021 and covered health care workers at Medicare and Medicaid-certified facilities. However, the mandate did not apply to assisted living facilities, including providers of Home and Community-based Services. CMS specifically noted in guidance that it “does not have regulatory authority over care settings such as Assisted Living Facilities.”
In its statement, the administration noted that, "Since January 2021, COVID-19 deaths have declined by 95%, and hospitalizations are down nearly 91%." It added, "While vaccination remains one of the most important tools in advancing the health and safety of employees and promoting the efficiency of workplaces, we are now in a different phase of our response when these measures are no longer necessary."
In addition to health care workers, the vaccine mandate will terminate for Federal employees, Federal contractors, Head Start educators, international air travelers, and certain noncitizens at the land border.
The end of the vaccination mandate will occur at the same time as the end of the PHE next Thursday, May 11. CMS issued guidance yesterday on considerations for the end of the PHE, noting that it will share more details regarding ending of the vaccine mandate at the anticipated end of the PHE.
Argentum's outside counsel, Foley Hoag LLP, prepared a summary of considerations for senior living operators in advance of the end of the PHE.
