Alert – Stay Of CMS Vaccine Mandate For Health Care Workers Lifted In Nevada

Volume: 20 | Issue: 76
December 16, 2021

As we previously explained, a federal judge in Louisiana temporarily stayed the vaccine mandate for Medicare and Medicaid healthcare providers issued by the Centers for Medicare & Medicaid Services (CMS). The judge issued a nationwide stay which applied in Nevada.

This decision was appealed to the Fifth Circuit Court of Appeals. Yesterday, the Fifth Circuit Court lifted the nationwide stay and ruled that it would only apply in the states that filed the lawsuit – Louisiana, Montana, Arizona, Alabama, Georgia, Oklahoma, South Carolina, Utah, West Virginia, Kentucky and Ohio.

As such, the CMS vaccine mandate for health care providers is no longer stayed in Nevada. It is not yet clear whether CMS will immediately begin to enforce the vaccine mandate in Nevada. CMS had previously determined that it would suspend enforcement of the mandate due to the nationwide scope of the litigation. Now that the vaccine mandate is no longer stayed nationwide, health care employers in Nevada and other affected states should wait for guidance from CMS.

We will continue to keep you posted on developments here especially in relation to any information provided by CMS. As always, KZA attorneys are available to answer your questions during this incredibly uncertain time. 

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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