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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

CMS Proposes Vaccination Rule for LTC facilities

In an effort to boost immunization rates at long-term care (LTC)facilities participating in Medicare or Medicaid, CMS has proposed torequire the facilities to provide immunizations against influenza andpneumococcal disease to residents as a new condition of participation(COP). Under the proposed rule, LTC facilities would be required tooffer the influenza vaccine annually, between October 1 and March 31.An offer of pneumococcal vaccine usually will be required only onceduring a beneficiary’s lifetime.

According to input from the Centers for Disease Control, mostindividuals will require the pneumococcal vaccine only once. A seconddose is recommended for individuals over age 65 whose first dose wasadministered more than five years ago, before they reached age 65.

Each facility must offer residents or, if applicable, their personalrepresentatives, the opportunity to accept or refuse the service unlessthe immunization is medically contraindicated or the resident hasalready been immunized. If the resident or personal representativerefuses, the facility must document the refusal.

See the Proposed Rule.