Alert – CMS Issues Guidance For Nevada Healthcare Employers On Vaccine Mandate

On December 28, 2021, the Centers for Medicare & Medicaid Services (CMS) issued guidance on its COVID-19 vaccine mandate for Medicare and Medicaid certified providers. This guidance applies in Nevada. It clearly demonstrates that CMS intends to move forward with its vaccine mandate despite pending litigation impacting the mandate in other states.

CMS states in its new guidance that all Medicare and Medicaid certified facilities in states like Nevada are required to comply with CMS’s vaccine mandate rule. The guidance states that “[f]acility staff vaccination rates under 100% constitute non-compliance under the rule,” and sets forth steps facilities must take within the next 30 and 60 days to meet enforcement thresholds. This includes ensuring that “100% of staff have received at least one dose of COVID-19 vaccine, or have a pending request for, or have been granted qualifying exemption” from vaccination by January 27, 2022.

We encourage all Nevada employers covered by CMS’s vaccine mandate rule to carefully review this guidance and implement its requirements. Employers should also stay tuned for information regarding the U.S. Supreme Court’s January 7^th consideration of the stay of CMS’s vaccine mandate in other states. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.