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Federal rules on vaccinations supersede state or local orders

The new, temporarily suspended CMS interim final rule (IFR) that requires staff vaccinations against COVID-19 will supersede state or local laws or orders that prevent vaccine mandates, notes Marge McFarlane, PhD, MT(ASCP), CHFM, CHSP, CJCP, HEM, MEP, with Superior Performance Consultants in LaPointe, Wisconsin.

But the CMS rule may not cover all healthcare entities.

On December 2, CMS suspended its mandate for COVID-19 vaccination of healthcare workers while the interim final rule is under a legal challenge. CMS has said hospitals can implement the requirements voluntarily.

If you move to implement the requirements of CMS’ Omnibus COVID-19 Health Care Staff Vaccination IFR announced November 4, 2021, be aware that physician offices do not need to comply with the IFR, says McFarlane.

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