ANCOR Sends Letter to CMS Urging Clarification in Vaccine Rule Guidance

On Thursday, ANCOR sent a letter to the Centers for Medicare and Medicaid Services (CMS) urging CMS to issue further written guidance pertaining to CMS’s Omnibus COVID-19 Health Care Staff Vaccination rule (vaccine rule) that would clarify the distinction between contracted services provided within a facility and services provided outside of a facility.

The CMS vaccine rule requires Intermediate Care Facilities that provide I/DD services (ICF/IIDs) to ensure vaccination of facility staff, including “individuals who provide care, treatment, or other services for the facility and/or its patients under contract or other arrangement.” Clarification of facility staff is important because it determines whether the rule’s vaccination requirement for ICF/IDDs extends beyond contracted services provided within the facility to those services residents receive from contracted providers outside of the facility, including center-based day programs.

ANCOR has received verbal clarification on this point but is urging written guidance to assist ICF/IDD providers in consistent application.