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

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

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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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