Two U.S. District Courts issued preliminary injunction orders this week barring CMS’ implementation of the Ominibus COVID-19 Well being Care Workers Vaccination Rule (“CMS Vaccine Mandate”) on a nationwide foundation. The CMS Vaccine Mandate was introduced on November 5, 2021 and requires most Medicare suppliers and a few Medicare suppliers to make sure their workers are totally vaccinated by January 4, 2022. A abstract of the CMS Vaccine Mandate’s necessities is obtainable here.
On November 29, 2021, a federal decide in Missouri granted a preliminary injunction which prohibits the CMS Vaccine Mandate from taking impact in ten states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming. The following day, a federal decide in Louisiana issued an order that barred implementation of the CMS Vaccine Mandate in all remaining states not lined by the Missouri ruling. Whereas in place, the preliminary injunctions prohibit the CMS Vaccine Mandate from taking impact nationwide. These instances are amongst a number of which might be at present difficult the CMS Vaccine Mandate however are the primary to search out success. The Biden Administration filed appeals of the District Court docket rulings in each the Louisiana and Missouri instances. Just lately, one other federal decide denied a preliminary injunction request in Florida, which can also be the topic of a pending attraction.
Though the preliminary injunction orders sign some success for opponents of the CMS Vaccine Mandate, the last word destiny of it’s unknown and will probably be topic to further litigation, appeals and potential motion from the Administration. Polsinelli will proceed to watch the difficulty and supply further updates as these occasions unfold.