Update on CMS COVID-19 Vaccine Mandate

STATUS AS OF DECEMBER 20, 2021: Enjoined in 25 states

The CMS COVID-19 Health Care Staff Vaccination Interim Final Rule required all employees at health care facilities that participate in the Medicare and Medicaid programs to be fully vaccinated by January 4, 2022. Prior to last week, CMS’s mandate was enjoined nationwide. As of now, a December 15th order from the Fifth Circuit Court of Appeals lifted the injunctions for all jurisdictions other than the 14 states that had challenged the mandate. However, this ruling does not affect the 10 separate states in which the mandate was temporarily blocked from an order by the United States District Court for the Eastern District of Missouri. On December 13th, the Eighth Circuit Court of Appeals upheld that District Court’s order. Further, on December 15th, a ruling from the Unites States District Court for the Northern District of Texas enjoined CMS’s mandate for the State of Texas.

In effect, last week’s rulings have resulted in CMS’s mandate remaining enjoined in half of the states, including Alabama, Alaska, Arkansas, Arizona, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming.  As for the remaining 25 states, the injunction has been lifted.

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