West Virginia and Virginia Request Waiver For Healthcare Staff Vaccinations
On Jan. 31, West Virginia Governor Jim Justice and Virginia Governor Glenn Youngkin sent a letter to Chiquita Brooks-LaSure, Administrator for the Centers for Medicare and Medicaid Services (CMS) requesting a waiver from CMS’s interim rule on COVID-19 healthcare staff vaccinations.
The letter states that “Our objections to the rule itself have been well noted, but we recognize the legal process has left this interim rule in place. However, rural and state healthcare facilities in our states are facing an urgent staffing crisis that we believe necessitates relief from the rule.”
Further, “As you undoubtedly know, our healthcare facilities are strained. After two years of the pandemic and the temporary surge in cases related to the omicron variant, some are even at a breaking point. Unfortunately, the CMS interim rule compounds this problem, potentially forcing thousands of healthcare professionals to be fired for failing to comply with the rule’s requirement to be vaccinated.”
The letter adds that hospital systems in Virginia and West Virginia are operating under “crisis standards of care.” In some systems, staff who are COVID-19 positive are being asked to return to work inside of the quarantine period. In Virginia, there is a temporary state emergency for healthcare providers to be more flexible in responding to staffing needs but the top concern that is being expressed is that the pending vaccination requirement and its impact on staffing.
The letter concludes by saying that “Respectfully, we request CMS provide a limited waiver to the interim rule for rural and state run facilities that are in a state of crisis. This relief could take multiple forms, including broader conscience exemptions, flexibility on enforcement, or simply a six-month delay of the rule. Our health teams are on standby to define the terms of this waiver to protect our most vulnerable healthcare systems and facilities from a staffing breakdown. Please give this request due consideration.”
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