The new CMS interim final rule on COVID-19 vaccine requirements takes effect May 21. This rule applies to residents, clients, and staff of long term care facilities (LCTFs) and includes a requirement for weekly vaccine reporting through the National Healthcare Safety Network (NHSN). CMS also released a related memo, QSO-21-19-NH.

This rule specifies that LTCFs must develop and implement policies and procedures to: 

• educate all residents and staff about COVID-19 vaccines; 
• offer vaccination to all residents and staff; and 
• report to the CDC via NHSN certain data regarding vaccination status for residents and staff as well as any therapeutic treatments (e.g., monoclonal antibody) use. Note: This requires additional reporting via NHSN modules: reporting the Resident Therapeutics Pathway found on COVID-19 LTCF Module, as well as reporting via the Weekly HCP and Resident COVID-19 Vaccination Module. 

As data becomes available, CMS will publicly post facility-specific vaccination status information reported to the NHSN on its COVID-19 Nursing Home Data webpage. Per the QSO memo, CMS will begin reviewing for compliance with the new vaccination reporting requirements June 14, 2021.

The rule also applies to intermediate care facilities for individuals with intellectual disabilities (ICFs-IID). Additionally, ICF-IID facilities must educate all clients and staff about COVID-19 vaccines and offer vaccination to all clients and staff. Reporting is not required for ICFs-IID; however, CMS strongly encourages voluntary reporting.

The comment period for this interim final rule closes July 12, 2021. CMS is also requesting feedback on the feasibility of implementing similar requirements in other LTC settings that accept Medicare or Medicaid payments, including assisted living.