In the News
US Supreme Court Blocks OSHA Vaccine Mandate – Allows CMS Vaccine Mandate
In the case of National Federation of Independent Business, et al. v. Department of Labor, Occupational Safety and Health Administration, et al., the US Supreme Court granted the applications to stay the OSHA rule mandating that employers with at least 100 employees require covered workers to receive a COVID–19 vaccine or undergo weekly testing.
In the case of Joseph R. Biden, Jr., President of the United States, et al. v. Missouri, et al., the US Supreme Court ruled the government’s vaccine mandate for workers at federally funded health care facilities that accept Medicare and Medicaid can take effect.
Shortly after the rulings were issued, CMS Administrator Chiquita Brooks-LaSure issued the following statement:
“The Centers for Medicare & Medicaid Services (CMS) is extremely pleased the Supreme Court recognized CMS’ authority to set a consistent COVID-19 vaccination standard for workers in facilities that participate in Medicare and Medicaid. CMS’ vaccine rule will cover 10.4 million health care workers at 76,000 medical facilities. Giving patients assurance on the safety of their care is a critical responsibility of CMS and a key to combatting the pandemic.
“Vaccines are proven to reduce the risk of severe disease. The prevalence of the virus and its ever-evolving variants in health care settings continues to increase the risk of staff contracting and transmitting COVID-19, putting their patients, families, and our broader communities at risk. And health care staff being unable to work because of illness or exposure to COVID-19 further strains the health care system and limits patient access to safe and essential care.
“CMS is already implementing its health care worker vaccination rule in 25 states and territories that were not covered by preliminary injunctions. Today’s decision will enable us to fully implement this rule, and we look forward to working with health care providers and their workers to protect patients. We will continue our extensive outreach and assistance efforts encouraging individuals working in health care to get vaccinated.
“CMS is disappointed in the decision on the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard, and agrees with President Biden and Secretary Walsh: This is a major setback for the health and safety of workers across the country.
“The bottom line is that vaccine requirements work and are an important tool to protect patients – and also to keep our health care workers healthy. We’ve already seen many health care providers successfully implement requirements for their staff. We look forward to working with health care providers to get their workers vaccinated. Protecting vulnerable patients across the country from the devastating effects of COVID-19 remains a top priority for the Biden-Harris Administration and CMS.”
Additional Background:
Health care workers and others interested in learning more about or obtaining a COVID-19 vaccination can visit https://www.vaccines.gov/ for additional information.
As a result of today’s decision, health care providers subject to the Omnibus Health Care Staff Vaccination rule in the 24 states (Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming) covered by this decision will now need to establish plans and procedures to ensure their staff are vaccinated and to have their employees receive at least the first dose of a COVID-19 vaccine.
Today’s decision does not affect compliance timelines for providers in the District of Columbia, the territories, and the 25 states where the preliminary injunction was previously lifted. See the guidance released on December 28, 2021, for additional information.
Please Be Sure to Register for the FPIC 2022 Online Advocacy Day.
