Who is exempt from the CMS COVID-19 vaccination mandate?

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CMS issued an emergency regulation Nov. 4 requiring COVID-19 vaccination for staff at healthcare facilities, including ASCs, participating in Medicare and Medicaid programs.

In an interim final rule released Nov. 5, the agency laid out the organizations that are exempt from the mandate. 

They are:

  • Physician offices not regulated by CMS
  • Freestanding imaging centers not regulated by CMS
  • Teleworkers who provider services 100 percent remotely with no direct contact with patients or other staff
  • Organ procurement organizations, although staff can be included through service arrangements with hospitals and other providers
  • Portable X-ray suppliers, although staff can be included through service arrangements with hospitals and other providers
  • Medicaid home care services, such as home and community-based services
  • EMS providers, unless through a contract with a CMS-regulated healthcare entity
  • Noncertified therapy providers, such as therapists in private practice or group practices
  • Assisted living facilities not regulated by Medicare conditions of participation

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