1-7-2022

AHCA Issues Notice on Vaccine Mandate Survey Compliance 

The Agency for Health Care Administration sent an alert this week to all providers regarding the administration of the CMS COVID-19 vaccine mandate for health care workers.

In the alert, AHCA stated that they “will follow Florida law. Accordingly, AHCA will not survey for compliance with the CMS vaccine mandate rule.”

To view the AHCA alert, click here.

The CMS vaccine mandate continues to place Florida’s ASCs in conflict with Florida law. FSASC will keep members updated with new developments as the dispute works through the court system.

12-2-2021

Mandatory Vaccines for ASCs Temporarily Suspended

Recently, U.S. District Judge Terry A. Doughty from the Western District of Louisiana issued a nationwide preliminary injunction against the healthcare worker vaccination mandate from CMS. The order reveals that the court questions the administration's authority to implement the CMS mandate.

The nationwide injunction includes Florida and the order remains in effect until final resolution of the case. While the lawsuit is working through the courts, the US Department of Health & Human Services and CMS are unable to implement the mandate. It is important to note that the vaccination mandate has not been struck down, just temporarily suspended.

There is no clear timeline on what to expect next from the courts or the injunction. FSASC will provide more information as it becomes available.

11-12-2021

It's All About the Exemptions

ASCs have been challenged on how to comply with the new CMS Conditions for Coverage which requires that all (i) Center employees; (ii) Licensed practitioners; (iii) Students, trainees, and volunteers; and (iv) Individuals who provide care, treatment, or other services for the center and/or its patients, under contract or by other arrangement, be fully vaccinated by January 4, 2022 or have medical or religious exemptions.

ASCs can anticipate some resistance in achieving a 100% vaccination rate.  Having a sound policy and procedure in place on how exemptions and/or deferments are practiced will be key.

11-4-2021 (2)

Florida’s Culture of Safety Survey Draft Rule Released

FSASC has been eagerly anticipating the release of the rules needed to implement the patient culture of safety survey required by House Bill 763 in 2020. 

At long last, the Agency for Healthcare Administration released draft rules on November 4, 2021 (today).  The Agency released only the requirements governing the survey and did not address how the surveys are to be displayed to the public.  

We have attached the draft form which represents the survey mechanism itself.  Please do not administer this survey with your staff until the rulemaking is complete.  According to the draft rule, you will have 2 years from the date rulemaking is complete to administer the survey. 

A copy of the proposed form is available here. FSASC will participate in the rulemaking process.  If you have any comments regarding the currently proposed survey form, please contact [email protected].