Supreme Court Upholds Vaccine Mandate for Medicare and Medicaid-Certified Providers and Suppliers

Ervin Cohen & Jessup LLP

Ervin Cohen & Jessup LLP

On the same day that the United States Supreme Court imposed a stay of enforcement on OSHA’s vaccine mandate for private employers with over 100 employees, the Court ruled that the Centers for Medicare & Medicaid Services (CMS) had the statutory authority to impose a vaccination mandate on healthcare providers who care for Medicare and Medicaid patients. Facilities in states that were not previously subject to injunctions (listed below) must demonstrate that their staff is fully vaccinated by February 28, 2022.

For those states where injunctions were lifted following the Supreme Court opinion, the CMS has provided an extension for staff to become fully vaccinated. Facilities in the following states must show that their staff has received the first dose of a two-dose vaccine set by February 13, 2022 and the second dose of a two-dose vaccine set by March 15, 2022:

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • Georgia
  • Idaho
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • New Hampshire
  • North Dakota
  • Ohio
  • Oklahoma
  • South Carolina
  • Utah
  • West Virginia
  • Wyoming

Texas is the only state that remains subject to an injunction.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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