News

The United States Supreme Court granted the federal government’s request to reinstate the CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (CMS Mandate) after two U.S. District Courts had enjoined the enforcement of the rule in 25 states, including Arkansas. The Court, in a 5-4 decision, determined that the petitioning states were not likely to succeed on the merits of their challenges and that the CMS Rule may go into effect while the cases proceed.

Healthcare Attorneys Lynda M. Johnson and Amie K. Wilcox hosted a webinar earlier this week to discuss the recent COVID-19 mandate issued by the CMS specific to healthcare facilities.

The Centers for Medicare and Medicaid Services (CMS) issued its highly anticipated vaccine mandate for health facilities today. The CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (“the CMS Rule”) implements mandatory vaccine requirements announced by the Biden Administration in September – and sets the first of several deadlines for December 5.

On September 9, President Biden announced sweeping new policies that, if implemented, will require mandatory vaccination policies for federal employees and contractors and qualifying employers and healthcare facilities. The mandates will cover approximately 100 million Americans, which make up two-thirds of the workforce. We expect further guidance for employers and healthcare facilities to be issued in the coming weeks.

It may seem a little late in the game, but acting in response to an Executive Order, OSHA issued an Emergency Temporary Standard (ETS) on June 10, 2021. This ETS only applies to “Healthcare Employers,” but that definition is broad – encompassing all settings where any employee provides “healthcare services” or “healthcare support services.”

Amie K. Wilcox, attorney with Friday, Eldredge & Clark, and Laura Gillenwater, Senior Manager with HORNE, answer pressing questions about EEOC guidance, mandatory vaccine policies and vaccine stimulus funds available for hospitals and health systems.

Lynda Johnson, partner at Friday, Eldredge & Clark, and Christy Street, Senior Manager with HORNE, discuss why the Final Rule brings welcomed changes to physician practices and point out the biggest items in the Stark and Anti-Kickback Final Rule.