January 23, 2022

Volume XII, Number 23

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January 21, 2022

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January 20, 2022

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CMS Vaccine Requirement Suspended During Injunctions

In the latest update to the fight surrounding vaccination of health care workers, the Centers for Medicare & Medicaid Services (“CMS”) announced that it suspended activities related to the implementation and enforcement of its Omnibus COVID-19 Health Care Staff Vaccination Rule (“CMS Vaccine Requirement”) as long as federal court injunctions are in effect. 

As previously reported by Polsinelli, two different federal district courts issued preliminary injunctions blocking enforcement of the CMS Vaccine Requirement this week. The injunctions, which together cover the entire nation, essentially suspend CMS’s first deadline – for health care workers in covered facilities to obtain their first dose of the COVID-19 vaccine by December 6, 2021. The CMS Vaccine Requirement requires completed vaccination against COVID-19 for nearly all staff working in a facility that participates in the Medicare and Medicaid programs by January 4, 2022. CMS confirmed in guidance Thursday evening that it will not enforce the vaccination requirement pending future developments in the ongoing cases.  The Biden Administration appealed both preliminary injunction rulings to the applicable federal circuit courts.  The preliminary injunctions remain in effect as each of the district courts denied the Administration’s request for a stay of the preliminary injunction order pending appeal.

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume XI, Number 337
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About this Author

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Colleen Faddick's practice includes advising clients regarding the structure of and relationships among health care providers and entities within the complex federal and state regulatory environment. Colleen focuses on Medicare and Medicaid reimbursement and enrollment issues and appeals, fraud and abuse and self-referral law issues, licensing and certification of health care entities, clinical trial compliance and agreements for sponsors and providers, medical device payment and manufacturer relationships with physicians. Colleen works with hospitals, large physician...

303.583.8201
Jennifer L. Evans, Polsinelli PC, Denver, healthcare fraud matters lawyer, medicare reimbursements attorney
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Jennifer Evans brings legal, legislative and operational experience to health care matters. Her legal practice is focused on fraud and abuse, Medicare and Medicaid reimbursement issues, and regulatory compliance. Jennifer has experience working with clients that include multistate service providers to chronic patients, multistate pharmacies, Durable Medical Equipment companies, hospitals, physician practice managers, laboratories, health care management franchisors, and a specialty services extension of a physician practice.

Jennifer also served...

303.583.8211
Michael Flood, Polsinelli Law Firm, Health Care Attorney
Associate

Michael Flood takes a results-oriented approach to serving his clients’ legislative, regulatory, and policy needs. He is a proactive advocate for his clients on matters involving the U.S. Congress, the Centers for Medicare and Medicaid Services, and the Food and Drug Administration. Michael assists a broad range of clients including provider associations, patient advocacy groups, and device manufacturers on issues including reimbursement, compliance, and general health reform.

202-626-8363
Colleen E. Guinn Health Care Attorney Polsinelli Denver, CO
Associate

Colleen Guinn provides comprehensive representation and strategic counsel to a variety of health care providers, including hospitals and health systems, physician and specialty practice groups, individual health care professionals, home health agencies, and long-term care providers. Working closely with Polsinelli’s team of seasoned health care attorneys, Colleen develops legal solutions for clients’ challenges in an ever-changing health care industry.

Prior to joining Polsinelli, Colleen worked as a paralegal focused on representing clients in all stages of the patent litigation...

303-583-8285
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