COVID Vaccine Mandate

I am seeing a lot of chatter and continued confusion regarding whether the CMS COVID mandate applies to physician offices versus “clinics”. To add to that confusion, see below from MMA on the topic. I read that CMS stated publicly in its webinar that Physician offices are excluded, but I haven’t been able to find that recording. Has anyone seen anything from MGMA on the topic? How are you interpreting this for your practices?

[Minnesota Medical Association - White House Releases Rules on Vaccine Mandates in Healthcare Settings (]

(Minnesota Medical Association - White House Releases Rules on Vaccine Mandates in Healthcare Settings)

Our local Hospital Association sent out an update stating that physician’s offices were excluded and they shared the attached slide deck from CMS. 211101Slides_CMS Webinar on COVID-19 Vaccination Regulations.pdf (1.0 MB)

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Thank you! Very helpful.

There is a different set of rules if you are a Rural Health Clinic. Here’s the link.

I found a FAQ document from CMS that had this question: Q: Why didn’t CMS include all health care settings? A: CMS is using the authority established by Congress under the Social Security Act to regulate Medicare and Medicaid-certified health facilities. Sections 1102 and 1871 of the Social Security Act (the Act) grant the Secretary of Health and Human Services authority to make and publish such rules and regulations, not inconsistent with the Act, as may be necessary to the efficient administration of the functions with which the Secretary is charged under this Act. Citations to the relevant statutory authorities for each specific type of provider and supplier is set out in the discussion of each provider- and supplier-specific provision of the regulation. This authority does not extend to certain facilities nor independent physicians/clinicians.

We are one company, who have 1 RHC and 1 office who accepts Medicaid, but not considered a rural area. For the offices who are not RHC, but accept medicaid insurance, would those offices be required to enforce the mandate?

That’s a good question. My inclination however would be that if one location is a registered RHC and both locations are under the same tax ID then both may fall under the rule. But I have nothing to back that up. I would certainly do some digging on that.

Patti Bingham, CMM, CMPM

Practice Administrator

All Children Pediatrics

400 Blankenbaker Parkway #200

Louisville, KY 40243

PH: 502-244-6373

FAX: 502-244-9860