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News
On January 13, 2022, the U.S. Supreme Court issued an Order reinstating the Centers for Medicare and Medicaid Services’ (CMS) Interim Final Rule (IFR) requiring healthcare employers to mandate COVID-19 vaccinations for staff.
Late Friday, January 14, 2022, CMS issued a Quality, Safety & Oversight (QSO) Memo with further guidance on how CMS plans to exercise its enforcement discretion. The QSO provides state surveyors with general guidance for how to enforce the IFR as well as provider-facility specific guidance.
Most notably, the QSO Memo clarifies the new compliance deadlines for facilities in states where implementation of the mandate had been halted, including Nebraska and Iowa.
On January 13, 2022, the U.S. Supreme Court issued two Orders regarding the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate and the Occupational Safety and Health Administration’s (OSHA) vaccine-or-testing emergency temporary standard (ETS). The Court reinstated the CMS vaccine mandate in those states where it had been preliminarily enjoined, and it suspended OSHA’s vaccine-or-testing ETS pending further review.
The Occupational Safety and Health Administration's (OSHA) vaccine-or-testing emergency temporary standard (ETS) is again in effect. Late Friday night, December 17, the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s prior stay on the ETS requiring businesses with at least 100 employees to ensure workers are either vaccinated or tested weekly and wear masks.
