13 January 2022

Supreme Court Upholds CMS Vaccine Mandate Regarding Certain Healthcare Facilities

Today the U.S. Supreme Court upheld the CMS vaccine mandate that applies to certain healthcare facilities.  (The mandate had previously been enjoined in half the country, though in effect in Michigan.)

The CMS mandate requires vaccination for in-person employees of Medicare- and Medicaid-certified healthcare providers and suppliers that are regulated under certain Medicare health and safety standards.  By a 5-4 majority, the Court held that requiring vaccination of these workers falls within a basic function of the Department of Health and Human Services (the agency that administers Medicare and Medicaid)—“to ensure that the healthcare providers who care for Medicare and Medicaid patients protect their patients’ health and safety.”

According to guidance issued by CMS on December 28, the deadline for covered employees to receive their first (or only) vaccine dose is now January 27, and to receive their second is February 28.  (Miller Johnson’s previous webinar on the CMS rule may be accessed here.)

We will be sure to update you on any relevant developments.  If you have any questions, please contact your Miller Johnson attorney or one of the authors.