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Rule Final to Require Flu Shots by Nursing Homes
Residents must get flu, pneumonia vaccine to keep
Medicare, Medicaid
Oct. 7, 2005 – A rule by the Centers for Medicare
and Medicaid that requires nursing homes serving Medicare and Medicaid
patients to provide immunizations against influenza and pneumococcal
disease to all residents became official today with publication in the
Federal Register.
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As a condition of continuing in the two programs,
nursing homes will be required to ensure that residents received the
immunizations. The resident or their family can refuse the shots.
Residents who cannot receive the vaccines for medical reasons are
exempt. Under the final rule, nursing homes will also be required to
educate the resident and the resident’s family about the advantages and
possible disadvantages of receiving the vaccines.
About two million Americans, most age 65 years or
older, live in long-term care facilities. People aged 65 years and
older account for more than 90 percent of influenza-related deaths in
the United States and elderly nursing home residents are particularly
vulnerable to influenza-related complications. In addition, the elderly
are more likely than younger individuals to die from pneumonia.
In light of these statistics and in line with the
agency’s Nursing Home Quality Initiative, CMS received input from the
Centers for Disease Control and Prevention (CDC) and two of the nation’s
largest nursing home industry trade groups, the American Association of
Homes and Services for the Aging and the American Health Care
Association, in developing the proposed rule.
“Improving immunization is a key element of our
quality improvement strategy—a strategy that is focused on preventing
illnesses and complications in the first place,” said Mark B. McClellan,
M.D., Ph.D., administrator of CMS. “The outstanding commitment of the
nursing home industry, caregivers and other stakeholders makes clear
that this commitment to better quality through more effective
immunization is shared and achievable.
“As a physician, I know the impact that influenza
and pneumococcal infections can have on the elderly, particularly those
in nursing homes,” he added. “Greater use of flu shots and pneumococcal
vaccine in nursing homes is a proven approach to better health and fewer
costly complications for one of our most vulnerable groups of
beneficiaries.”
In its collaborative effort to improve quality of
care, CMS is also encouraging nursing homes to provide influenza vaccine
to their healthcare workers. Although the vaccine for these workers
will not be required in the final regulation, immunizing nursing home
workers has been shown to reduce mortality rates among residents of
long-term care facilities. Research from last year’s flu season
revealed that only 36 percent of all healthcare workers were vaccinated
against the illness.
A 1999 national nursing home survey showed that 65
percent of residents had documented influenza shots and only 38 percent
had been inoculated against bacterial pneumonia. A goal of this
proposed rule is to attain a target rate of 90 percent for both
vaccinations. As an added incentive to increase immunization rates, in
January, CMS increased the average Medicare payment rate for
administering each shot from $8 to $18, in addition to a separate
payment for the cost of the vaccine. Medicaid payment rates are set
independently by each state.
As a Medicare condition of participation, the rule
requires that long-term care facilities ensure that each resident is:
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offered influenza immunization annually;
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immunized against influenza unless medically
contraindicated or when the resident or the resident’s legal
representative refuses immunization;
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offered pneumococcal immunization once if there
is no history of immunization; and
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immunized against pneumococcal disease unless
medically contraindicated or when the resident or the resident’s
legal representative refuses immunization.
In the case of a vaccine shortage as declared by
CDC, state survey agencies would have the discretion not cite facilities
for being out‑of‑compliance with this requirement.
“Vaccines against these diseases are effective in
preventing hospitalizations and death,” said Dr. McClellan. “However,
many at-risk people are not getting the vaccines they need. This
initiative will be critical to maintaining high-quality care in the
nation’s long-term care facilities.”
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