Los Angeles Times (Sunday)

Nursing homes push to end federal vaccine rule

Some say COVID-19 shot mandate for workers should end as crisis is winding down.

- By David A. Lieb and Kavish Harjai Lieb and Harjai write for the Associated Press.

LOWRY CITY, Mo. — 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 in the last year, according to an Associated Press analysis of data from the Centers for Medicare & Medicaid Services, known as CMS. 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 Similar requiremen­ts for large employers, military members and federal contractor­s all have been struck down, repealed or partially blocked.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.”

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.

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 with pre-pandemic levels and reached lows not seen since the 1990s.

LeadingAge, a group 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 ... 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.

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 Republican­leaning state, said last year that the vaccine mandate conf licted with state law and could worsen workforce shortages.

Nationally, the number of nursing homes cited for vaccinatio­n violations declined noticeably after CMS in June stopped requiring state inspectors to check for compliance when responding to complaints about unrelated allegation­s, such as neglect of patients.

 ?? David A. Lieb Associated Press ?? ADMINISTRA­TOR TIM CORBIN passes through Truman Lake Manor in Lowry, Mo. Federal COVID-19 vaccinatio­n requiremen­ts for healthcare facilities, he says, “are making it harder to give care — not easier.”
David A. Lieb Associated Press ADMINISTRA­TOR TIM CORBIN passes through Truman Lake Manor in Lowry, Mo. Federal COVID-19 vaccinatio­n requiremen­ts for healthcare facilities, he says, “are making it harder to give care — not easier.”

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