November 19, 2021

National Council has released a webinar for members detailing the vaccine mandates released by Centers for Medicare and Medicaid (CMS) and the Occupational Safety and Health Administration (OSHA) earlier this month. The webinar will cover the basic provisions of each rule and how the mandate may impact member organizations. National Council encourages members to seek advice from legal counsel on the rules’ applicability to their specific organization. Members can watch the webinar here. For CMS rule FAQ, click here. For a summary of the OSHA rule, click here.

Remember:  OSHA has suspended enforcement of the rule as a result of a court ruling.

This is largely top of the trees information, especially re: the CMS vaccine mandate.  The OSHA webinar may be of more interest to our members.   The key take away here is that when the federal government issues a mandate or a federal regulation, there is usually the need for analysis and interpretation (at the state level) that looks at the overlay between federal statute and state regulated services.  Key terms like ‘healthcare facilities’ are defined in federal statute despite their having a more general meaning to us, and at the state level.  Same the same is true for discussion of specific entities (CMHC) that are defined in federal statute despite this term having a more general meaning to us and even when previous grants have made allowances for CMHC ‘look alike’ organizations.  In this case, ‘certified CMHCs’ are re-certified by the federal government on a yearly basis.

I hope this helps.  I understand how frustrating this has been and continues to be. Please don’t hesitate to contact me if I can be of service.