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Who gives a shot: An overview of the CMS vaccination mandate

Cara N. Ludwig ( is a Partner in the Raleigh, NC, office; Phillip G. Mullinnix ( is a Partner in the Charleston, SC, office; and Konnor Owens Marlar ( is an Associate in the Myrtle Beach, SC, office of Nelson Riley & Scarborough LLP.

On November 5, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule with comment period (IFC) that amended Medicare and Medicaid conditions of participation related to COVID-19, staff vaccination, and infection prevention and control.[1] Specifically, providers and suppliers subject to the IFC must require applicable staff to be fully vaccinated for COVID-19 or receive an exemption. In addition, providers and suppliers must ensure that facilities are following nationally recognized infection prevention and control guidelines, including implementing additional precautions for staff who are not fully vaccinated against COVID-19.

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