CMS Vaccine Mandate for Healthcare Workers Now Halted Nationwide

Yesterday a federal district court in Louisiana issued a nationwide injunction against the Biden administration’s COVID-19 vaccine mandate for in-person employees of Medicare- and Medicaid-certified healthcare providers and suppliers that are regulated under certain Medicare health and safety standards.  This nationwide injunction comes only one day after a federal court in Missouri had enjoined the CMS mandate in 10 states.

Note that this is a separate federal mandate from OSHA’s vaccine-or-test mandate for employers with at least 100 employees, which is currently stayed by the Fifth Circuit Court of Appeals in all 50 states.  The Louisiana court’s order also has no impact on the vaccine mandate for federal contractors, which (due to a separate injunction issued yesterday) is currently in effect in all states except Kentucky, Ohio, and Tennessee, and requires employees of covered federal contractors and subcontractors to receive their final (or only) dose of the vaccine by January 4, 2022.

The Centers for Medicare & Medicaid Services (CMS) had published the interim final rule implementing its vaccine mandate on November 5, 2021.  (Miller Johnson’s previous webinar on the CMS rule may be accessed here.)  The nationwide injunction will remain in effect pending final resolution of the case at the Louisiana court, or until further orders from either that court, the Fifth Circuit, or the U.S. Supreme Court.

We will be sure to update our healthcare clients of any relevant developments.  Please contact your Miller Johnson attorney if you have any questions.