COVID-19 Vaccine Mandate Alert: Supreme Court blocks OSHA ETS, allows CMS facilities rule

01/13/2022 4:33 PM | Anonymous

Today, the U.S. Supreme Court ruled on both the Occupational Safety and Health Administration (OSHA) vaccination and testing emergency temporary standard (ETS) and the Centers for Medicare & Medicaid Services (CMS) facilities rule. The Supreme Court blocked the OSHA ETS, which would have required workers of large employers (100+ employees) to get vaccinated or tested weekly for COVID-19. The CMS facilities rule, which would require vaccination of healthcare employees in facilities that receive Medicare and Medicaid payments, is allowed to move forward nationally. The CMS facilities rule generally does not apply to physician practices, although some might be subjected to it based on how they are structured.

The OSHA ETS opinion can be viewed here.

The CMS facilities rule opinion can be viewed here.

The CMS facilities rule FAQs can be viewed here.

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