Federal Vaccine Mandates: Update

October 30, 2021

Here is an update from ANCOR regarding the two (federal) vaccine mandates said to be coming very shortly.  

Please note:  In a meeting I attended with leads from The National Council for Wellbeing, several weeks ago, the word was that in the Biden (CMS) mandate, one of two terms (‘healthcare facilities’) used to identify the entities that will be covered by the mandate does NOT include MH and SUD community-based organizations, but I have not been able to confirm this in writing so I will get in touch with National Council again to see if there has been a change.  

Of course, the OSHA ‘vaccinate or test’ mandate is still coming and will apply to organizations with 100 or more employees.  

Below the ANCOR article, I pasted a link to a good article that updates the status of the federal mandates as well as certain key questions as yet unanswered.   


CMS and OSHA Close to Finalizing Vaccine Regulations; Announcement Expected in Late October


Both the Centers for Medicare & Medicaid Services (CMS) and the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) are in the last stages of finalizing their regulations that will mandate COVID-19 vaccinations for employees of certain types of organizations. Both CMS and OSHA have submitted their drafts to the Office of Management and Budget (OMB) for final review.

Dr. Lee Fleisher, chief medical officer for CMS and director of the Center for Clinical Standards and Quality (CCSQ), has confirmed that its regulation—which will mandate COVID-19 vaccinations for Medicare- and Medicaid-participating nursing homes and Medicare- and Medicaid-certified health care providers that are regulated under CMS regulations—will be published in “late October.”

Meanwhile, dozens of groups including corporations and associations, have requested meetings with OMB to express concerns about the OSHA regulation, which would mandate COVID-19 vaccinations for employers with 100 or more employees.

(Biden) CMS Regulation: Vaccine Mandate

  • Which services will the vaccine mandate apply to? CMS had reported that the regulation will not apply to HCBS.
  • Will it only apply to settings that receive BOTH Medicaid and Medicare funding? No. It will apply to settings which are defined by the regulation and funded either by Medicaid or Medicare or both.

OSHA Regulation: Vaccination or Weekly Testing

  • If the CMS regulation does not apply to my agency, does that mean the OSHA regulation doesn’t apply either? No. The CMS regulation and the OSHA regulation are separate standards. Your agency could fall into one or either or both. It will depend on what services you provide (CMS) and whether you have 100 or more employees (OSHA).

https://www.akerman.com/en/perspectives/hrx-medicare-and-medicaid-facilities-are-put-on-notice-employees-must-be-vaccinated.html  (September 2021)