Nursing homes push to end federal vaccine mandate for health workers
At Truman Lake Manor in rural Missouri, every day begins the same way for every employee entering the nursing home’s doors — with a swab up the nose, a swirl of testing solution and a brief wait to see whether a thin red line appears indicating a coronavirus infection.
Only the healthy are allowed in to care for virus-free residents.
Despite those precautions, a coronavirus outbreak swept through the facility late last year. An inspector subsequently cited it for violating the federal government’s COVID-19 vaccination requirement for healthcare facilities.
Truman Lake Manor is one of about 750 nursing homes and 110 hospitals nationwide written up for violating federal staff vaccination rules during the past year, according to an Associated Press analysis of data from the Centers for Medicare & Medicaid Services. Most were given a bureaucratic nudge to do better — though some nursing homes also received fines, especially when they had multiple other problems.
One year after it began being enforced nationwide on Feb. 20, 2022, the vaccination requirement affecting an estimated 10 million healthcare workers is the last remaining major mandate from President Biden’s sweeping attempt to boost national vaccination rates. Similar requirements for large employers, military members and federal contractors all have been struck down, repealed or partially blocked.
The healthcare vaccination mandate is scheduled to run until November 2024. But some contend it’s time to stop now, citing fewer severe COVID-19 cases, healthcare staffing shortages and the impending May 11 expiration of a national public health emergency that has been in place since January 2020.
“Their regulations are making it harder to give care — not easier,” said Tim Corbin, the administrator of Truman Lake Manor who also doubles as a nurse, adding that “the mandates need to end.”
California’s student COVID-19 vaccine mandate — on hold since last April — has been quietly dropped as the state prepares to end emergency pandemic restrictions.
CMS said in a statement that “the requirement for staff to be fully vaccinated has been a critical step in responding to the pandemic” and “has saved Americans from countless infections, hospitalizations, and death.”
The policy requires workers, contractors and volunteers at facilities receiving Medicare or Medicaid payments to have the full primary dosage of an original COVID-19 vaccine, with exemptions for medical or religious reasons. Though nursing homes can be fined for violations, CMS generally gave violating facilities additional time to update their policies and come into compliance.
The Republican-led U.S. House recently passed legislation that would halt the mandate, but the bill is unlikely to pass in the Democratic-led Senate.
Meanwhile, the requirement continues with mixed results and — in some cases — widespread exceptions.
When a state inspector visited Truman Lake Manor in December, a coronavirus outbreak had infected 26 of the 60 residents and about a quarter of the staff within the previous few weeks. Corbin said the outbreak originated from an unvaccinated employee with a religious exemption who tested negative for an infection before working a shift and wore a mask. The employee didn’t feel well and tested positive after arriving home.
The inspector found that more than 40% of staff had been granted religious exemptions from getting vaccinated. But CMS does not scrutinize the rationale for such exemptions. The reason the facility was cited for a vaccination deficiency was because three employees had failed to receive their second dose of the vaccine and had no exemption on record. After the citation, they each got the second shot, and regulators approved the corrections in January.
It’s hard to find workers willing to be vaccinated, Corbin said, because many local residents remain opposed to the vaccine or doubt its effectiveness. Just 42% of adults in St. Clair County are vaccinated against COVID-19 — a rate barely half the national average.
Democratic lawmakers pull proposed COVID vaccine requirements, blaming ebbs and flows of the virus, public inattention and opposition from unions.
Workforce shortages are causing more than half of nursing homes nationally to limit resident admissions, according to the American Health Care Assn., which represents long-term care facilities. Though most other healthcare sectors have rebounded, nursing home employment was down 13% in 2022 compared to pre-pandemic levels and reached lows not seen since the 1990s.
LeadingAge, an association of nonprofit nursing homes and other aging service providers, originally supported the mandate and still encourages vaccinations. But it now says a federal requirement no longer is needed.
Though deaths are down significantly from their peak in January 2021, older adults and people with underlying health problems remain more susceptible to serious cases of COVID-19. Because of that, some medical professionals believe the vaccine mandate should continue at nursing homes and hospitals.
“This is an important requirement,” said Dr. Georges Benjamin, executive director of the American Public Health Assn. “Not only does it protect the healthcare worker themself, but it also protects the patients.”
Nationwide, about 5% of the over 15,000 nursing homes caring for Medicare or Medicaid patients have been cited for violating the COVID-19 vaccination requirement, and about 2% of the 4,900 hospitals, according to the AP’s analysis. But those citations haven’t been evenly spread among states and occurred less often during the latter half of 2022.
Twenty-four states cited no hospitals for COVID-19 vaccination violations.
Dropping protections such as free tests and Medicaid continuous coverage will leave many uninsured and undocumented people without access to care for COVID-19.
Texas, which has the most nursing homes nationally participating in Medicare or Medicaid, had just one nursing home cited for violating the vaccination rule.
Kansas, Florida and Texas each declined to check for vaccination violations, instead leaving that process to CMS, which hired contractors. As a result, CMS said Texas was docked more than $2.5 million in federal funding, Florida more than $1.2 million and Kansas nearly $350,000.
Kansas Gov. Laura Kelly, a Democrat who faced reelection in a Republican-leaning state, said last year that the vaccine mandate conflicted with state law and could worsen workforce shortages.
Nationally, the number of nursing homes cited for vaccination violations declined noticeably after CMS last June stopped requiring state inspectors to check for compliance when responding to complaints about unrelated allegations, such as neglect of patients. CMS cited substantial compliance with the vaccination requirement while making the change.
Harjai reported from Los Angeles and is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
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