News & Analysis as of

Interim Final Rules (IFR) Healthcare Facilities

Stevens & Lee

Final Rule Ends COVID Vaccine Mandate in CMS-Certified Facilities

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The United States Department of Health and Human Services (“HHS”), through the Centers for Medicare and Medicaid Services (“CMS”), published a final rule on June 5 (the “Final Rule”), which, among other important actions,...more

Proskauer - Health Care Law Brief

The Saga of the No Surprises Act Continues to be … Surprising

We previously noted that the regulations implementing the No Surprises Act (“NSA”) appeared to be inconsistent with the NSA because they seemed to establish the qualifying payment amount (“QPA”) as the appropriate payment...more

Dorsey & Whitney LLP

Covid-19 Requirements for Healthcare Employers: A Recap of Where Things Stand

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There is a lot going on right now for healthcare employers.  The first phase of CMS’s vaccine mandate is in full effect nationwide (now including Texas), the CDC has changed masking guidance in some circumstances, and it has...more

Robinson+Cole Health Law Diagnosis

The Joint Commission Announces COVID Vaccine Surveys Have Begun

In a February 14, 2022, press release, The Joint Commission (Joint Commission) announced that it began surveying affected facilities for compliance with the Centers for Medicare and Medicaid Services (CMS) interim final rule...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

DirectEmployers Association

OFCCP Week In Review: January 2022 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Manatt, Phelps & Phillips, LLP

Treasury Issues Final Rule for Use of $350 Billion American Rescue Plan State and Local Relief Funds

One of the most significant provisions of the American Rescue Plan was the establishment of the $350 billion Coronavirus State and Local Fiscal Recovery Funds (SLFRF or Fiscal Recovery Funds)....more

Miller Canfield

Public Sector Application of CMS' COVID-19 Health Care Vaccination Rule

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Key Takeaways: ..The Rule only applies to Medicare- or Medicaid-certified facilities and their contractors having contact with patients or staff ..The Rule does not apply to school districts receiving Medicare or...more

Benesch

Updated Deadlines and Interpretive Guidance from CMS for Compliance with COVID-19 Vaccination Standards

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Updated January 21, 2022 - In response to the U.S. Supreme Court’s decision on January 13, 2022, upholding the Health Care Staff Vaccination Standards for certain Medicare- and Medicaid- certified providers and suppliers...more

Alston & Bird

CMS Issues Guidance After Supreme Court Greenlights CMS Health Care Facility Vaccine Mandate, Blocks OSHA Vaccine-or-Test Mandate

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In the wake of the Supreme Court’s mixed ruling on federal vaccination mandates, the Centers for Medicare & Medicaid Services has released three separate guidances for three groups of states. Our Labor & Employment and Health...more

DirectEmployers Association

OFCCP Week In Review: January 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Dorsey & Whitney LLP

U.S. Supreme Court Lifts Injunction Against CMS’ Health Care Facility Vaccine Mandate: What Does This Mean for Your Health Care...

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Health care employers are not alone in feeling overwhelmed by the constantly changing legal status of the various federal vaccine mandates. On Thursday afternoon, the Supreme Court made its rulings on two preliminary...more

Dorsey & Whitney LLP

The Supreme Court - January 13, 2022

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National Federation of Independent Businesses v. Department of Labor, Nos. 21-244, 21-247: Numerous challenges were brought against the emergency rule issued on November 5, 2021, by the Occupational Safety and Health...more

CDF Labor Law LLP

CMS Will Enforce Health Care Vaccine Mandate Unless Enjoined By Court

CDF Labor Law LLP on

On December 28, 2021, the Centers for Medicare and Medicaid Services (“CMS”) announced that it will begin enforcement of the COVID-19 vaccine mandate, as set forth in the Interim Final Rule published on November 5, 2021, in...more

Arnall Golden Gregory LLP

Enforcement Update on CMS Vaccine IFR, OSHA Vaccine ETS, and OSHA Healthcare ETS

While most healthcare providers have been struggling with staffing during the holidays, the Centers for Medicare and Medicaid Services (“CMS”) has been active in providing an enforcement update on the Omnibus COVID-19 Health...more

McDermott Will & Emery

CMS Issues Detailed Guidance to Surveyors on Assessing Compliance with Omnibus COVID-19 Healthcare Staff Vaccination Mandate

McDermott Will & Emery on

On December 28, 2021, the Centers for Medicare and Medicaid Services (CMS) Quality, Safety and Oversight Group released a memorandum (QSO-22-07-ALL) providing guidance and details on survey procedures for assessing and...more

Bass, Berry & Sims PLC

CMS Announces It Will Enforce COVID-19 Vaccine Rule in 25 States Not Enjoined by a Court

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The Centers for Medicare & Medicaid Services (CMS) announced it will enforce the COVID-19 Health Care Staff Vaccination Interim Final Rule in the 25 states, District of Columbia, and territories in which the healthcare...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

Holland & Knight LLP

Florida Medicare and Medicaid Providers' Vaccine Mandate Dilemma

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Florida healthcare providers billing federal programs may again face a complicated COVID-19 quandary. The U.S. Court of Appeals for the Eleventh Circuit has denied the state of Florida's request for an injunction against the...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

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

Holland & Hart LLP

Evaluating Religious Exemption Requests Under the CMS COVID-19 Vaccine Mandate

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In light of the CMS Interim Final Rule (“Interim Rule”) published on November 5, 2021, qualifying healthcare facilities have been tasked with implementing policies and procedures that ensure their staff are fully vaccinated...more

Tucker Arensberg, P.C.

Mandatory COVID Vaccine for Healthcare Workers

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The Centers for Medicare & Medicaid Services (CMS) issued an interim final rule requiring COVID-19 vaccinations for workers in most institutional care settings. A copy of the CMS press release can be found here....more

Kaufman & Canoles

Health Care Client Alert – The New Centers for Medicare and Medicaid Services (CMS) Rule

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The New Requirement - Yesterday, November 4, 2021, in addition to the OSHA ETS applicable to most employers with 100 or more employees, the U.S. Department of Health and Human Services (HHS) issued an “Interim Final Rule with...more

McAfee & Taft

CMS releases vaccination requirements for covered providers as compliance deadline quickly approaches

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On November 4, 2021, the Centers for Medicare and Medicaid Services (CMS) released an Interim Final Rule (the “CMS Rule”) that requires certain Medicare- and Medicaid-certified providers and suppliers to ensure that their...more

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