What federal injunction against CMS vaccine mandate means for healthcare employers

A COVID-19 vaccine mandate for healthcare employers issued by the Centers for Medicare and Medicaid Services (CMS) isn’t currently in effect because of a federal district court’s preliminary injunction. Nevertheless, there are still important matters for employers covered by the directive to consider.

How we got here

On November 5, the CMS (the agency that administers the Medicare program and oversees the federal role in the Medicaid program administered by state agencies) published an interim final rule requiring the vaccination of staff members of certain Medicare and Medicaid providers and suppliers. The rule governs 21 types of certified providers and suppliers subject to the Medicare or Medicaid conditions of participation, conditions for coverage, or requirements for participation.

Specifically, the CMS rule governs ambulatory surgical centers, hospices, psychiatric residential treatment facilities, hospitals, long-term care facilities, nursing facilities, home health agencies, clinics, and rehabilitation agencies. It requires every covered entity to develop and implement policies and procedures to ensure all staff are fully vaccinated for COVID-19.