On May 30, 2022, Politico published an article with the headline: America’s Hospital Regulator Wasn’t Designed for a Pandemic.” The crux of the article: “[T]he Centers for Medicare and Medicaid Services is ill-equipped to...more
Our hospice team has been fielding questions from hospices across the country on administering COVID-19 vaccination requirements. In this episode, Husch Blackwell’s Meg Pekarske is joined by colleague Jessica Brown, where...more
On Thursday, January 13th, in Joseph R. Biden et al., v. Missouri, et al., the United States Supreme Court released its decision lifting the injunctions imposed by two District Courts that had enjoined enforcement of the...more
On January 13, 2022, in per curiam opinion National Federation of Independent Business et al., v. Department of Labor, Occupational Safety and Health Administration, et al., the Supreme Court stayed OSHA’s COVID-19...more
1/14/2022
/ Centers for Disease Control and Prevention (CDC) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
General Duty Clause ,
Lack of Authority ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 15, 2021, in State of Louisiana et al. v. Xavier Becerra, et al., the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) effectively revived the Centers for Medicare and Medicaid Services Interim Final...more
On November 29, 2021, the U.S. District Court for the Eastern District of Missouri (Missouri court) issued a preliminary injunction enjoining the Centers for Medicare and Medicaid Services (CMS) from implementing and...more
Tennessee and Florida enacted state laws earlier this month that impose restrictions on an employer’s ability to impose vaccine mandates or to ensure employees are vaccinated. While Tennessee’s law provides employers who are...more
11/23/2021
/ Adverse Action ,
Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Contractors ,
Florida ,
Governor DeSantis ,
Governor Lee ,
Healthcare Facilities ,
Masks ,
Opt-Outs ,
OSHA ,
Public Schools ,
Reemployment ,
Religious Exemption ,
Tennessee ,
Unemployment Benefits ,
Vaccinations ,
Virus Testing
This month, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees...more
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) released an advance copy of the Interim Final Rule (IFR) related to COVID-19 vaccines for most of the entities covered by applicable Conditions of...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Documentation ,
Health Care Providers ,
Healthcare Facilities ,
Interim Final Rules (IFR) ,
Religious Accommodation ,
Title VII ,
Vaccinations
Husch highlights-
•In the context of vaccine mandates and religious exemption requests, religious employers and faith leaders continue to receive religious exemption requests relating to vaccine mandates or requests to...more
Now that the federal Food and Drug Administration (FDA) has issued its formal approval of the Pfizer-BioNTech COVID-19 vaccine, many employers are beginning to implement vaccine requirements for employees. This article...more
8/31/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disparate Impact ,
Emergency Use Authorization (EUA) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Hiring & Firing ,
Incentives ,
Masks ,
Pfizer ,
Religious Beliefs ,
Vaccinations ,
Wage and Hour