Retail pharmacies are not included in the list of providers and suppliers in the CMS vaccine mandate interim final rule. Therefore, the IFR does not directly affect retail pharmacies that do not work with facilities that participate in Medicare or Medicaid programs. However, the interim rule could potentially affect pharmacies that provide services under a contract or arrangement with a listed facility that does participate in Medicare or Medicaid programs.
For those who do fall within this IFR, employees now have until Feb. 14 to get their first (or only) COVID -19 vaccine dose, and March 15 to get the second dose. Note: CMS says a facility with more than 80 percent of staff vaccinated and a plan to achieve 100 percent staff vaccination rate within 60 days of Feb. 14 will not be subject to enforcement actions. NCPA will continue to monitor any further action for employees of health care facilities and the impact on community pharmacy.
Here’s the fine print:
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For those who fall within the IFR, there are now two different compliance deadlines depending on your state of residence. For states affected by the Supreme Court’s decision (listed below), employees now have until Feb. 14 to get their first (or only) COVID -19 vaccine dose, and March 15 to get their second dose.
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For states not affected by the Supreme Court’s decision (listed below), employees have until Jan. 27 to get their first (or only) COVID -19 vaccine dose, and Feb. 28 to get their second dose. Note: CMS says a facility with more than 80 percent of staff vaccinated and a plan to achieve 100 percent staff vaccination rate within 60 days of Jan. 27/Feb. 14 (the date is depending on when employees in your state need to have obtain their first COVID-19 dose) will not be subject to enforcement actions.
NCPA will continue to monitor any further action for employees of health care facilities and the impact on community pharmacy.
*States affected by the Supreme Court’s decision (first COVID-19 vaccine dose by Feb. 14) – Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.
**States not affected by the Supreme Court’s decision (first COVID-19 vaccine dose by Jan. 27) –California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington, and Wisconsin.
TEXAS: CMS said the guidance specifically does not apply to Texas at this time and surveyors in that state should not seek to implement or enforce the final rule requiring the vaccine mandate for health care workers.
