Update to clarify latest news on OSHA and CMS COVID-19 vaccine mandates

COVID-19

With recent news that the Occupational Safety and Health Administration (OSHA) mandate for novel coronavirus (COVID-19) vaccination has been suspended while the matter is litigated in the courts, we’ve received questions about whether this applies to Ballad Health. To help clarify things, it is important to note that this suspension DOES NOT apply to Ballad Health or reverse the current federal mandate from the Centers for Medicare and Medicaid Services (CMS) that we’re required to follow.

All Ballad Health team members are still required to be vaccinated for COVID-19 – with their first dose by no later than Dec. 5, 2021, and to be fully vaccinated by Jan. 4, 2022, unless they have a medical or religious exemption.

OSHA mandate that has been suspended

This mandate was put forth as an Emergency Temporary Standard by OHSA to protect workers from the risk of COVID-19. It established minimum COVID-19 vaccination and testing requirements for private employers with 100 or more employees throughout the United States.

The mandate was challenged in court, and on Nov. 15, OSHA suspended implementation so the courts can determine if the organization exceeded its authority in issuing the mandate. That suspension is in effect – but it does not change the separate CMS ruling for healthcare workers. Instead, it impacts businesses with more than 100 employees that are not healthcare organizations receiving CMS reimbursement.

CMS vaccination mandate for all healthcare workers

On Nov. 4, the Centers for Medicare and Medicaid Services published a rule implementing President Joe Biden’s orders, which require certain healthcare organizations to ensure policies are in place requiring employees and other individuals associated with the organizations to demonstrate they have been fully vaccinated by a deadline established in the rule. Because Ballad Health facilities must comply with Medicare Conditions of Participation to receive Medicare or Medicaid reimbursement, Ballad Health must comply.  Across the country, this new CMS mandate applies to 76,000 providers and covers more than 17 million healthcare workers.

With more than 70% of our health system’s patients covered by federal programs like Medicare, Medicaid and others to pay for care for low-income populations, Ballad Health’s failure to comply would be devastating to our region. Approximately $1.3 billion of Ballad Health’s $2 billion in revenue comes from these reimbursements. Failure to comply would likely lead to significant fines or termination from the Medicare and Medicaid programs. This would jeopardize our hospitals’ ability to remain open and provide critical services to our communities.

For more information

If you have questions about the COVID-19 vaccine or the federal mandate, you can: