February 3, 2023

Volume XIII, Number 34

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February 02, 2023

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February 01, 2023

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Supreme Court Keeps CMS Vaccine Requirement Alive Nationwide

Less than one week after hearing oral arguments, the U.S. Supreme Court has stayed injunctions against the Centers for Medicare & Medicaid Services (“CMS”) Omnibus COVID-19 Health Care Staff Vaccination Rule (“Vaccine Requirement”). As a result of the Court’s order, preliminary injunctions that had prevented CMS from enforcing the Vaccine Requirement in half of U.S. states will be stayed and CMS may implement the Vaccine Requirement in all states while the cases, originating in Missouri and Louisiana, continue their substantive courses. Those cases will proceed in the U.S. Courts of Appeals for the Fifth and Eighth Circuits and could once again find their way to the nation’s highest court in the future.

The Court granted the federal government’s request to stay the preliminary injunctions, finding that CMS does have the statutory authority to implement the Vaccine Requirement, likening it to long-standing infection control procedures and other conditions mandated for facilities participating in the Medicare and Medicaid programs. Additionally, the Court concluded that the Vaccine Requirement did not violate the APA or other CMS-specific rule-making standards.

Under guidance previously issued by CMS, staff in covered health care facilities in states not challenging the Vaccine Requirement must have received at least one dose of COVID-19 vaccine, or have been granted a qualifying exemption, by January 27, 2022 in for the facility to be considered compliant. CMS released a statement indicating that it was “pleased” and that the Court’s decision “will enable [CMS] to fully implement this rule.”

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume XII, Number 14
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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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