News & Analysis as of

Preliminary Injunctions Healthcare Facilities

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Enjoins Enforcement of Montana Law That Conflicts With CMS Vaccine Rule

On March 18, 2022, the U.S. District Court for the District of Montana issued a preliminary injunction in Montana Medical Association v. Knudsen, enjoining enforcement of part of Montana’s vaccination law against “all Montana...more

Bradley Arant Boult Cummings LLP

Supreme Court Ruling Permits CMS Vaccine Mandate for Employees of Healthcare Facilities to Become Effective

On Thursday, January 13, 2022, the Supreme Court of the United States issued its opinions in each of the Centers for Medicare and Medicaid Services (CMS) and Occupational Safety and Health Administration (OSHA) vaccination...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

CMS Vaccine Mandate Update: Last, but Not Least, Texas Joins the Rest of the Country

On January 13, 2022, the Supreme Court of the United States issued an opinion staying preliminary injunctions issued in cases filed in Missouri and Louisiana challenging the Centers for Medicare and Medicaid Services’ (CMS)...more

Littler

U.S. Supreme Court Lifts Injunctions Against CMS Vaccine Mandate

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On January 13, 2022, the U.S. Supreme Court, in a 5-4 decision, lifted lower court injunctions that had blocked enforcement in 25 states of the Centers for Medicare and Medicaid Services (CMS) Interim Final Rule requiring...more

Polsinelli

CMS Resumes Enforcement of Vaccine Requirement in Half of States

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While the Centers for Medicare & Medicaid Services (“CMS”) Omnibus COVID-19 Health Care Staff Vaccination Rule (“CMS Vaccine Requirement”) heads to the Supreme Court, CMS will resume enforcement in the half of U.S. states not...more

Holland & Knight LLP

A Dizzying Map of Federal Vaccination Mandates, Injunctions and Stays

Holland & Knight LLP on

Keeping track of a dizzying number of injunctions and stays by multiple federal district courts and courts of appeal involving three separate federal COVID-19 vaccination mandates with a couple exceptions is no small task....more

Faegre Drinker Biddle & Reath LLP

Circuits Split on CMS Vaccine Mandate, Highlighting “Great Significance” of Issue as It Heads to Supreme Court

Three circuit court decisions issued in the past two weeks have considered the CMS vaccine mandate, bringing the issue – and similar vaccine mandate lawsuits – to the Supreme Court in the final weeks of the year. The CMS...more

Parker Poe Adams & Bernstein LLP

COVID-19 Vaccine Mandate for Health Care Industry Remains on Hold in South Carolina and Georgia But Not North Carolina

On December 15, the Fifth Circuit Court of Appeals partially lifted a nationwide stay issued by a Louisiana federal district court that preliminarily enjoined the Centers for Medicare & Medicaid Services from implementing its...more

Littler

CMS COVID-19 Vaccination Mandate Back in 25 States

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There have been significant developments in the legal challenges brought against the interim final rule of the Centers for Medicare and Medicaid Services (“CMS rule”), which requires vaccination of all healthcare workers at...more

FordHarrison

CMS Vaccine Mandate Continues Its Path to U.S. Supreme Court as Fifth Circuit Narrows Nationwide Injunction

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The Fifth Circuit has found that the nationwide injunction of the CMS vaccine mandate issued by the Western District of Louisiana should be narrowed to apply only to the 14 states involved in the Louisiana lawsuit. This comes...more

Quarles & Brady LLP

CMS Vaccine Mandate – Ban Lifted In 26 States

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In the never-ending saga of the vaccine mandate imposed for health care workers by the Centers for Medicare and Medicaid Services (“CMS”), the government had a favorable result today. CMS suspended its vaccine mandate pending...more

Robinson+Cole Health Law Diagnosis

CMS Issues Memorandum Stating It Will Not Enforce Its COVID-19 Vaccine Mandate While There are Court-Ordered Injunctions in Place

On December 2, 2021, the Centers for Medicare and Medicaid Services (CMS) issued a memorandum to state survey agencies indicating that it will not enforce its Interim Final Rule (the “Rule”) regarding health care worker...more

Williams Mullen

Update: Federal Contractor COVID-19 Vaccine Mandate

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On December 1, 2021, we provided an update on the current status of the various federal COVID-19 vaccine rules. In that alert, we noted that a federal court sitting in Kentucky issued a preliminary injunction, temporarily...more

Stotler Hayes Group, LLC

CMS Suspends Implementation and Enforcement of Vaccine Mandate

Just days after the two federal courts issues preliminary injunctions against the Centers for Medicare & Medicaid Services (CMS) vaccine mandate for health care workers, the agency published a memorandum announcing that it...more

Woodruff Sawyer

Federal OSHA ETS, Federal Contractor, and CMS Funding Linked Vaccine Mandates Update

Woodruff Sawyer on

Federal vaccine mandates are facing new developments. Two of the three federal vaccine mandates are under injunction in all states (and therefore temporarily unenforceable) with the third under injunction in three states....more

Parker Poe Adams & Bernstein LLP

Federal Judges Put Mandatory Vaccination Rules on Hold for Health Care Providers and Federal Contractors

On Tuesday, a Louisiana federal district court issued a nationwide preliminary injunction blocking the federal Centers for Medicare & Medicaid Services (CMS) from implementing or enforcing regulations requiring employees of...more

Quarles & Brady LLP

CMS Will Not Enforce Vaccine Mandate for Now

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Health & Life Sciences 12/03/21 Sarah E. Coyne, Jon R. Kammerzelt, Rachel L. Dykema In the continuing drama of the vaccine mandates by the Centers for Medicare and Medicaid Services (CMS), CMS has taken a step back, giving...more

Polsinelli

Opponents of CMS Vaccine Mandate Secure Preliminary Injunctions Barring Nationwide Implementation

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Two U.S. District Courts issued preliminary injunction orders this week barring CMS’ implementation of the Ominibus COVID-19 Health Care Staff Vaccination Rule (“CMS Vaccine Mandate”) on a nationwide basis.  The CMS Vaccine...more

Polsinelli

CMS Vaccine Requirement Suspended During Injunctions

Polsinelli on

In the latest update to the fight surrounding vaccination of health care workers, the Centers for Medicare & Medicaid Services (“CMS”) announced that it suspended activities related to the implementation and enforcement of...more

Littler

CMS Vaccine Mandate Blocked Nationwide

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On November 29 and 30, 2021, two separate federal district courts—the Western District of Louisiana and Eastern District of Missouri—issued injunctions blocking enforcement of the Centers for Medicare and Medicaid Services...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Breaking News on the CMS Vaccination Rule: Less Than 24 Hours After Being Shelved in 10 States, the Rule Is Sidelined Nationwide

In a November 30, 2021, order, a federal judge sitting in Louisiana entered a nationwide preliminary injunction against the Biden administration’s Centers for Medicare and Medicaid Services’ (CMS) interim final rule entitled...more

Williams Mullen

UPDATE - Status of Implementation of the Federal COVID-19 Vaccine Workplace Rules

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Many employers are struggling with the seemingly ever-shifting rules and requirements relating to COVID-19 vaccines. Indeed, although the Biden Administration initiated three sweeping rules earlier this Fall - one applicable...more

Stotler Hayes Group, LLC

Vaccine Mandate for Health Workers Blocked

Providers have, once again, been left in a tenuous position after two federal courts issued orders blocking the previously-issued vaccine mandate from taking effect less than a week before its first effective date. ...more

Burr & Forman

Federal Court Halts CMS Staff Vaccination Interim Final Rule

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On November 30, 2021, the Western District of Louisiana entered an order prohibiting the U.S. Department of Health and Human Services and Centers for Medicare and Medicaid Services (“CMS”) from implementing and enforcing the...more

FordHarrison

Federal Judge Enjoins CMS Mandate Nationwide

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On November 30, 2021, a federal district court in Louisiana issued a nationwide injunction enjoining the implementation of the CMS mandate imposing COVID-19 vaccination requirements on covered healthcare providers. ...more

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