On Thursday, January 13, 2022, the Supreme Court of the United States issued its opinions in each of the Centers for Medicare and Medicaid Services (CMS) and Occupational Safety and Health Administration (OSHA) vaccination requirement cases in Biden v. Missouri and Nat’l Federation of Independent Business v. Dept. of Labor, permitting the federal vaccine mandate for nearly 10 million healthcare workers to go forward pending further review, but preventing OSHA’s enforcement of its vaccine or test mandate for workers of employers with 100 or more employees.
In Biden v. Missouri, the Court stayed the lower courts’ preliminary injunctions against CMS’s enforcement of its Interim Final Rule, implemented in November 2021. The rule created a new Condition of Participation (CoP) for certain Medicare and Medicaid-certified facilities, requiring that in order to continue to receive Medicare and Medicaid reimbursements under the new rule, facilities must ensure that 100% of their staff – unless exempt for medical or religious reasons – are vaccinated against COVID-19. The Supreme Court’s ruling removes the barrier of enforcement of the CMS vaccine mandate imposed by the preliminary injunctions against enforcement effected for 24 states (other than Texas), granted by the federal district courts for the Eastern District of Missouri and Western District of Louisiana, respectively, issued in late 2021, pending a final ruling in each of the lower court cases on appeal to the appellate...
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