Vaccine Mandate Legal Guidance – CMS and OSHA Standards
**Updated Jan 14 , 2022 – note that due to litigation and quick rulemaking these rules may change quickly and this information may not be up to date. Check back for updates**
The most recent COVID-19 compliance from CMS and OSHA requires employers to either (1) have staff fully vaccinated (with exceptions) by a certain date; or (2) monitor visitors’ COVID/vaccination status.
1 . Medicare and/or Medicaid Certified Provider or Supplier
If an organization is Medicare and/or Medicaid certified and is subject to CMS’ health and safety regulations, it will need to comply with CMS’ Vaccination Rule. This includes most Minnesota-DHS provider enrolled entities.
This Rule requires covered entities to enact policies and procedures to comply with this Rule by January 27, 2022, and all staff, except those that provide services exclusively remotely, to be fully vaccinated by February 28 , 2022. However, religious and medical exemptions may be made.
2 . Healthcare Services or Healthcare Support Services
If an organization provides healthcare services or healthcare support services, then it is subject to OSHA’s Healthcare Emergency Temporary Standard. However, if an organization follows one of the standards below, then it is exempt from having to follow OSHA’s Healthcare Emergency Temporary Standard.
- NOT affiliated with a hospital and provides outpatient services: all visitors must be screened prior to entry and people with suspected or confirmed COVID-19 should not be permitted to enter
- Affiliated with a hospital and provides outpatient services: all employees must be fully vaccinated, all visitors should be screened prior to entry, and people with suspected or confirmed COVID-19 should not be permitted to enter
- Home health care setting: all employees must be fully vaccinated, all visitors should be screened prior to entry, and people with suspected or confirmed COVID-19 should not be permitted to enter
If your organization does not fall into one of those three categories, then it is subject to the Healthcare Emergency Temporary Standard.
3 . Employer with 100+ Employees
Update: The Supreme Court has blocked this rule from being enforced.
If an organization had 100 or more employees, then it was subject to OSHA’s most recent Emergency Temporary Standard and required all employers to have compliant policies by January 10 and for all employees to be either fully vaccinated by February 9 , 2022 or undergo weekly testing and wear a face mask. .
4 . Federal Employer Contractor
If an organization is at the federal level, then it is covered under the Safer Federal Workforce Task Force and the following must be complied with by January 18, 2022: (1) vaccination of all employees, except those that are legally entitled to an accommodation and (2) compliance with masking and social distancing requirements while in the workplace.
However, a federal court has recently blocked enforcement of this nationwide.