Alert – CMS Vaccine Mandate For Health Care Workers Stayed

Volume: 20 | Issue: 73
December 1, 2021

A federal judge in Louisiana has temporarily stayed the vaccine mandate for Medicare and Medicaid healthcare providers issued by the Centers for Medicare & Medicaid Services in early November. This stay applies in Nevada.

This vaccine mandate originated with President Biden’s September 9th declaration that the Centers for Medicare & Medicaid Services (CMS) would be “taking action to require COVID-19 vaccinations for workers in most health care settings that receive Medicare or Medicaid reimbursement.” On November 5, 2021, CMS issued an Interim Final Rule mandating vaccination of workers employed by Medicare and Medicaid certified providers and suppliers. This Rule has now been stayed until further action of the Louisiana court.

However, the stay does not apply to the Healthcare Emergency Temporary Standard (Healthcare ETS) issued by the Occupational Safety and Health Administration (OSHA) in June 2021. This ETS does not mandate vaccinations.

If you have questions about these topics, please contact a KZA attorney. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.

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