January 23, 2022

Volume XII, Number 23

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Opponents of CMS Vaccine Mandate Secure Preliminary Injunctions Barring Nationwide Implementation

Two U.S. District Courts issued preliminary injunction orders this week barring CMS’ implementation of the Ominibus COVID-19 Health Care Staff Vaccination Rule (“CMS Vaccine Mandate”) on a nationwide basis.  The CMS Vaccine Mandate was announced on November 5, 2021 and requires most Medicare suppliers and some Medicare providers to ensure their staff are fully vaccinated by January 4, 2022.  A summary of the CMS Vaccine Mandate’s requirements is available here

On November 29, 2021, a federal judge in Missouri granted a preliminary injunction which prohibits the CMS Vaccine Mandate from taking effect in ten states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming. The next day, a federal judge in Louisiana issued an order that barred implementation of the CMS Vaccine Mandate in all remaining states not covered by the Missouri ruling.  While in place, the preliminary injunctions prohibit the CMS Vaccine Mandate from taking effect nationwide. These cases are among several that are currently challenging the CMS Vaccine Mandate but are the first to find success. The Biden Administration filed appeals of the District Court rulings in both the Louisiana and Missouri cases.  Recently, another federal judge denied a preliminary injunction request in Florida, which is also the subject of a pending appeal. 

Although the preliminary injunction orders signal some success for opponents of the CMS Vaccine Mandate, the ultimate fate of it is unknown and will be subject to additional litigation, appeals and potential action from the Administration. Polsinelli will continue to monitor the issue and provide additional updates as these events unfold. 

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume XI, Number 335
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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
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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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