Supreme Court Approves Vaccine Mandate For Healthcare Employers

Yesterday, the U.S. Supreme Court ruled in favor of the vaccine mandate for Medicare and Medicaid certified providers. As such, this mandate, which is already effective in Nevada, has survived its legal challenge and will continue to apply in Nevada.

The Court ruled that the Secretary of Health and Human Services, which issued the vaccine mandate, has the authority to require vaccination of healthcare workers. Healthcare facilities that “wish to participate in Medicare and Medicaid have always been obligated to satisfy a host of conditions that address the safe and effective provision of healthcare,” and “the Secretary routinely imposes conditions of participation that relate to the qualifications and duties of healthcare workers themselves.” As such, the Secretary acted within his authority when he “concluded that a vaccine mandate is ‘necessary to promote and protect patient health and safety’ in the face of the ongoing pandemic.”

Those Nevada healthcare employers covered by this vaccine mandate should continue their efforts to comply with its requirements. As set forth in the December guidance issued by the Centers for Medicare & Medicaid Services (CMS), this includes ensuring that “100% of staff have received at least one dose of COVID-19 vaccine, or have a pending request for, or have been granted qualifying exemption” by January 27, 2022.

KZA attorneys are available to answer your questions about this ruling and the mandate.

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.