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Supreme Court Lifts Injunctions on CMS Vaccine Mandates Supreme Court Lifts Injunctions on CMS Vaccine Mandates

Supreme Court Lifts Injunctions on CMS Vaccine Mandates

On January 13, 2022, the Supreme Court issued an opinion lifting the remaining injunctions of the Centers for Medicare & Medicaid Services (CMS) vaccine mandate, finding that the federal government was likely to prevail in the challenges to the mandate. More on the details of the CMS mandate and the states in which the mandate had been enjoined can be found here. As a result of this decision, CMS can proceed with enforcement of the vaccine mandate for new and current staff working for certain Medicare- and Medicaid-certified providers in all states.  

On December 28, 2021, after the nationwide injunction was lifted, CMS issued a memorandum related to the enforcement of the vaccine mandate in those states where the mandate was not enjoined. In that memorandum, covered facilities were given 30 days, or until January 27, to develop and implement compliant policies and determine that 100 percent of its staff is either partially vaccinated or has requested a qualifying exemption or temporary delay. CMS also gave covered facilities until February 27 to ensure that 100 percent of staff has received the full, primary vaccination series, with the exception of those who have been granted a qualifying exemption or temporary delay. In addition, CMS provided information on the process it intends to follow when determining that a facility is not in compliance. We anticipate that CMS will issue a similar memorandum outlining its enforcement deadlines in the states where the mandate is no longer enjoined.

We are in the process of reviewing the Supreme Court decision and will provide additional information on it and CMS’s enforcement memorandum(s) in the near future.

If you have questions about the ETS, please contact Tami Earnhart, Ryan Poor or any member of Ice Miller’s Workplace Solutions Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.
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