US Supreme Court Upholds CMS Vaccine Mandate, Strikes Down OSHA Vaccine-or-Test Rule

Nursing homes subject to CMS Rule; Mandate does not apply to assisted living or other HCBS settings

Last Friday, the US Supreme Court heard lengthy oral arguments concerning challenges to the CMS Omnibus COVID-19 Health Care Staff Vaccination rule and OSHA Vaccination and Testing Emergency Temporary Standard (ETS). Both of these cases were before the court on emergency petitions to determine whether injunctions should be in place, pending trials on the merits of challenges to the respective rules.