By Sara J. Ackermann, John H. Fisher II and Nicole L. Stangl
December 1, 2021
A couple of weeks ago we alerted you regarding the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. Reports have emerged today that an injunction has been placed upon this CMS requirement nationwide which takes place immediately.
This is the second Federal Court injunction that has been issued enjoining immediate enforcement of the CMS vaccination mandates. A federal court in the Eastern District of Missouri had previously issued a decision blocking immediate enforcement. However, the Missouri decision was not nationwide. The Louisiana federal court extended the reach of its order to apply nationwide.
For the moment the CMS vaccination mandate is not currently enforceable by the terms of the Louisiana court order. However, we are unable to predict with certainty the future of the CMS mandate. Providers who are subject to the CMS mandate may want to continue on the path to compliance so as not to be blindsided should Louisiana order be overruled by higher court.
We will keep you apprised of further developments. In the meantime, please contact any member of our COVID-19 Focus Team or healthcare team for assistance with this ever-changing issue.
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