CMS vaccine mandate halted

The Centers for Medicare & Medicaid Services (CMS) has announced that it won’t enforce an emergency rule regarding vaccination of healthcare workers while there are injunctions in place that block the implementation of it.

The Details:

In early November, CMS issued an emergency rule that would require COVID-19 vaccination for workers at healthcare facilities that participate in Medicare and Medicaid programs, including:

• Home Health Agencies
• Home Infusion Therapy Suppliers
• Hospices
• Long Term Care Facilities
• Hospitals
• Ambulatory Surgery Centers
• Community Mental Health Centers
• Comprehensive Outpatient Rehabilitation Facilities
• Critical Access Hospitals
• End-Stage Renal Disease Facilities
• Intermediate Care Facilities for Individuals with Intellectual Disabilities
• Public Health Agencies as Providers of Outpatient Physical Therapy and Speech-Language Pathology Services
• Psychiatric Residential Treatment Facilities
• Programs for All-Inclusive Care for the Elderly Organizations
• Rural Health Clinics/Federally Qualified Health Centers

In late November, two federal courts issued preliminary injunctions blocking the implementation and enforcement of the emergency rule. Together, the preliminary injunctions cover all states. CMS has appealed both decisions but says it won’t attempt to enforce the emergency rule while injunctions are in place.

Next Steps:

If you would be covered by the CMS emergency rule, watch for developments closely to determine whether the preliminary injunctions are made permanent, or CMS ultimately prevails and can implement the emergency rule. Please contact your dedicated service professional with any questions.