COVID Vaccine Mandates and Medicaid

Providers have been wondering if the CMS (Medicaid) COVID Vaccine mandate applies to them.  Here is some information:

Based on analysis of the FAQ CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule, this does not apply to providers that are not Medicare Certified.


Q. Does this requirement apply to Medicaid home care services, such as Home and Community-based Services (HCBS), since these providers receive Medicaid funding but are not regulated as certified facilities?
A. No, this regulation only applies to those Medicare and Medicaid-certified provider and supplier types that are subject to CMS health and safety  regulations. CMS’s health and safety regulations do not cover providers of Home and Community-based Services.
On 11/23/21, DMAS published a memo regarding vaccination.  It does not mention ABA facilities and at this time, ABA clinics are not licensed by the Commonwealth.

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