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

On January 13, 2022 by Jonathan Lips

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.

Providers Must Continue Preparation for Implementation of CMS Vaccination Mandate

On January 6, 2022 by Jonathan Lips

As previously reported, CMS has announced that it will begin enforcing its Omnibus COVID-19 Health Care Staff Vaccination mandate for facilities located in all states where the rule is not currently blocked by a legal injunction, including Minnesota. CMS has not published new information over the past several days, but we wanted to share what we know for any readers who missed our story last week.

Update on OSHA Emergency Temporary Standards

On January 6, 2022 by Jonathan Lips

We continue to monitor the status of the OSHA emergency temporary standards relating to COVID-19, and here is the latest available information.

OSHA Withdraws COVID-19 Healthcare Standard but Strongly Encourages Continued Compliance; Vaccine Standard Remains Intact

On December 30, 2021 by Jonathan Lips

The Occupational Safety & Health Administration (OSHA) has announced that it is withdrawing the non-record keeping portions of the COVID-19 Healthcare Emergency Temporary Standard ETS (the “Healthcare ETS”) the agency issued in June 2021. This standard establishes various protections for workers in settings where healthcare and health support services are provided and is separate from the vaccination or testing requirement issued by OSHA in early November.

Update on Status and Implementation of CMS and OSHA Vaccine Mandates

On December 23, 2021 by Jonathan Lips

Our team is keeping a close watch for news about the CMS staff vaccination mandate and the OSHA vaccine-or-test emergency temporary standard. Here is the latest information about the status and enforcement of these two requirements.

Court Green Lights CMS Vaccination Mandate in 26 States, Next Steps Unclear

On December 16, 2021 by Jonathan Lips

Following an order yesterday by the Fifth Circuit Court of Appeals, the CMS staff vaccination mandate is no longer subject to an injunction in Minnesota and 25 other states. CMS has not yet issued a statement in response to this development.

Litigation Update: Status of Lawsuits Challenging Federal Vaccination Mandates

On December 9, 2021 by Jonathan Lips

Aging services providers across the country are closely following the status of the federal staff vaccination mandates as legal challenges work their way through the courts. 

ICYMI: Nationwide Injunction on CMS Mandate

On December 2, 2021 by Kari Thurlow

On Tuesday of this week, a federal judge in Louisiana has granted a nationwide preliminary injunction against the COVID-19 Centers for Medicare & Medicaid Services (CMS) vaccine mandate following a lawsuit filed by Montana and 13 other states.

Updates on CMS and OSHA Vaccine Mandates

On November 18, 2021 by Jonathan Lips

As providers continue preparing to implement staff vaccination mandates, here are the latest available situational updates:

CMS Omnibus COVID–19 Health Care Staff Vaccination Rule

CMS has clarified that the Phase 1 implementation deadline is Dec. 6, not Dec. 5.

OSHA Issues Vaccination & Testing ETS

On November 4, 2021 by Kari Everson

The Occupational Health and Safety Administration (OSHA) completed work on the Vaccination and Testing Emergency Temporary Standard (ETS) and published information about the ETS this morning. 

CMS Issues Omnibus COVID-19 Vaccination Rule

On November 4, 2021 by Jonathan Lips

The Centers for Medicare & Medicaid Services (CMS) today released the long-awaited rule requiring COVID-19 vaccination of staff working in a wide-range of Medicare and Medicaid-certified provider types.

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