News & Analysis as of

Medicaid Employer Mandates

Medicaid is a partnership program between states and the federal government to provide healthcare coverage for lower income individuals, people with disabilities, older people, and certain families with... more +
Medicaid is a partnership program between states and the federal government to provide healthcare coverage for lower income individuals, people with disabilities, older people, and certain families with children.  less -
Bradley Arant Boult Cummings LLP

Vax Requirement Sacked in TN: Medicare Providers Lose Exemption from COVID-19 Laws

The federal government says healthcare employers can soon stop requiring employees to get the COVID-19 vaccine. Yes — the U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services (CMS) is...more

Pullman & Comley - Connecticut Health Law

Connecticut Health Care Vaccine Mandates – Federal and State Update

January 27, 2022 marks the deadline for Connecticut health facilities to have policies and procedures in place to satisfy federal Center for Medicare and Medicaid Services (“CMS”) regulations mandating vaccines of their...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

Kohrman Jackson & Krantz LLP

Healthcare Vaccine Mandate Deadline Pushed In 24 States

Following the United States Supreme Court’s recent decision to enforce the COVID-19 vaccine mandate over healthcare workers at facilities that participate in Medicare and Medicaid, the deadline to become fully vaccinated has...more

Ervin Cohen & Jessup LLP

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

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...more

Holland & Hart LLP

CMS Vaccine Mandate: New Deadlines

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On January 13, 2022, a divided Supreme Court vacated the injunctions that applied to CMS's vaccine mandate in 24 states, thereby allowing CMS to enforce its mandates in all states except Texas. ...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

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

SCOTUS Narrowly Allows CMS Vaccine Mandate to Survive; Preemption Battles to Ensue

On December 7, 2021, the Supreme Court of the United States heard oral argument on the cases challenging both the secretary of Health and Human Services’ interim final rule and the secretary of Labor’s emergency temporary...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

Williams Mullen

Supreme Court Stays OSHA Vaccine Rule

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The United States Supreme Court blocked the Biden administration from implementing and enforcing its OSHA vaccine-or-test requirements for large, private companies, see here. In a 6-3 majority opinion, the Court found that...more

Lasher Holzapfel Sperry & Ebberson PLLC

Two Major Changes Address Living-With-COVID Concerns

A national vaccination mandate directed at employers with more than 100 employees became effective 1/10/2022. Although the U.S. Supreme Court has expedited oral arguments regarding judicial stays facing the mandate, the...more

Sands Anderson PC

Update: New Compliance Deadlines for CMS Vaccination Mandate for Medicare and Medicare-Certified Healthcare Facilities

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In November, we wrote about the the Centers for Medicare and Medicaid Services (CMS) Vaccine Rule that required COVID-19 vaccination for most health care workers at certain healthcare facilities certified by CMS....more

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

Supreme Court Hears Oral Argument on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard and CMS Vaccine Rule

On Friday, January 7, 2022, the Supreme Court of the United States heard oral arguments on challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard...more

Holland & Knight LLP

A Dizzying Map of Federal Vaccination Mandates, Injunctions and Stays

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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

Foley & Lardner LLP

Red Light – Green Light: CMS Vaccination Mandate is On Again in 26 States?

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The CMS vaccine rule -- which applies to the staff of many Medicare- and Medicaid-certified providers such as hospitals, long-term care facilities, home-health agencies, and hospices (“covered entities”), and which has...more

Sheppard Mullin Richter & Hampton LLP

CMS Suspends Vaccine Mandate Enforcement for Healthcare Workers

On December 2, 2021, the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum (the “CMS Memo”) addressing survey and enforcement of the COVID-19 vaccine requirement applicable to Medicare and Medicaid...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

Lathrop GPM

U.S. Supreme Court Hears Oral Arguments in Two Hospital Cases This Week

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This is a big legal week for hospitals and health systems as the U.S. Supreme Court heard not one, but TWO different oral arguments related to federal government payments to hospitals and health systems. In both cases, the...more

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

Federal Judge Shelves President Biden’s CMS Vaccine Mandate...But in Only 10 States

In a 32-page order issued on November 29, 2021, United States District Judge Matthew T. Schelp entered a preliminary injunction against the Biden administration’s Center for Medicaid and Medicare Services (CMS) interim final...more

King & Spalding

Federal COVID-19 Mandates and Lawsuit Roundup

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Lawsuits challenging the CMS Interim Final Rule (IFR) on COVID-19 vaccine requirements for healthcare workers and Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standards on Health Care...more

Burr & Forman

Health Care E-Note - November 2021

Burr & Forman on

Helpful hints - OIG Updates Health Care Fraud Self-Disclosure Protocol (“SDP”)  - On November 8, 2021, the OIG issued an updated SDP to providers, which included clarifications of existing guidance and increased the minimum...more

Foley & Lardner LLP

Certain Health Care Employers Must Require Vaccinations to Continue to Participate in Medicare/Medicaid

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Earlier this month, on the same day the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), the Centers for Medicare &...more

DirectEmployers Association

OFCCP Week In Review: November 2021 #2

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

Smith Anderson

CMS Vaccine Mandate Update: Biden Administration Modifies Healthcare Rules for Medicare and Medicaid Facilities

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When the federal government issued its new COVID-19 vaccine mandates on November 5th for employers with 100 or more employees, the rules implemented by the Occupational Safety and Health Administration ("OSHA") received most...more

BakerHostetler

CMS Issues Emergency Regulations Requiring COVID-19 Vaccination For Workers at Healthcare Facilities Participating In Medicare And...

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On Sept. 9, 2021, President Biden announced his COVID-19 Action Plan – “Path Out of the Pandemic.” As part of this plan, the Centers for Medicare & Medicaid Services (CMS) was directed to issue emergency regulations requiring...more

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