News

CMS Vaccine Mandate to be Enforced February 14, 2022: The Centers for Medicaid and Medicare Services (CMS) has issued guidance specific to states where the CMS Vaccination Mandate was previously enjoined (including Arkansas).

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.

After lengthy oral arguments last Friday, the United States Supreme Court today (January 13, 2022) stayed any enforcement of the OSHA Emergency Temporary Standard (ETS) mandating vaccination or weekly testing for all employers with 100 or more employees. The Court, In a 6-3 decision, determined that the petitioners challenging the ETS were likely to succeed on the merits and, therefore, a stay of enforcement during the litigation on the merits was appropriate. This is good news for all employers with over 100 employees who were facing the specter of requiring vaccinations or implementing masking and weekly testing rules and procedures.

As COVID-19 cases surge in Arkansas, the CDC has updated its guidance on isolation and quarantine for the second time in two weeks. In that guidance, anyone who has been in close contact with someone who has COVID-19 should quarantine unless they have been fully vaccinated, including all boosters, or had a confirmed positive COVID-19 test within the last 90 days. Individuals who are fully vaccinated should wear a mask when around others and monitor their symptoms for 10 days from the date of the last close contact with the infected person. These individuals should also get tested at least five days after the last close contact. Individuals who have tested positive for COVID-19 during the previous 90 days and come in close contact with someone with COVID-19 need only wear a mask when around others for 10 days. A close contact is defined as being less than six feet away from an infected person for a cumulative total of 15 minutes or more over a 24-hour period.

Friday, Eldredge & Clark, LLP is proud to announce Attorney Katherine C. Campbell has been elected as partner within the firm. Katherine, who works in the Litigation Practice Group in Rogers, joined the firm in 2019.

Late Friday (December 17), a split, three-judge panel of the Sixth Circuit lifted the stay imposed on the OSHA Emergency Temporary Standard (ETS) by the Fifth Circuit Court of Appeals. Emergency appeals challenging the Sixth Circuit’s decision were filed with the Supreme Court after hours on Friday. In the meantime, however, OSHA quickly announced new compliance dates for the ETS requirements: February 9 for the testing requirement, and January 10 for all other requirements.

Katherine C. Campbell has been appointed to the Continuing Legal Education Board of the Administrative Office of the Courts which is agency within the judicial branch of government that works to support the state courts on behalf of the Arkansas Supreme Court. Katherine will serve a three-year term.