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Coronavirus/COVID-19 › Preliminary Injunctions › Centers for Medicare & Medicaid Services (CMS)

Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms... more +
Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Enjoins Enforcement of Montana Law That Conflicts With CMS Vaccine Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On March 18, 2022, the U.S. District Court for the District of Montana issued a preliminary injunction in Montana Medical Association v. Knudsen, enjoining enforcement of part of Montana’s vaccination law against “all Montana...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

CMS Vaccine Mandate Update: Last, but Not Least, Texas Joins the Rest of the Country

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On January 13, 2022, the Supreme Court of the United States issued an opinion staying preliminary injunctions issued in cases filed in Missouri and Louisiana challenging the Centers for Medicare and Medicaid Services’ (CMS)...more

Morrison & Foerster LLP

Updates to Task Force Guidance | District Courts Follow Different Reasoning to Hold Executive Order 14042 Invalid: Circuit Courts...

Morrison & Foerster LLP on

The fast and furious Jenga game over when and with which federal vaccine mandate a company must comply might finally have reached a turning point. On January 13, 2022, the Supreme Court issued dual per curiam opinions in...more

Arnall Golden Gregory LLP

Supreme Court Issues Split Decisions on Federal Vaccine Mandates

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On January 13, 2022, the U.S. Supreme Court (“Court”) issued split decisions regarding Federal vaccine mandates issued by the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health...more

Saul Ewing LLP

What's Next for Employers After the SCOTUS' Decisions on the OSHA ETS Mandate and the CMS Rule?

Saul Ewing LLP on

What’s Next for Employers After SCOTUS’ Decisions on the OSHA ETS Mandate and the CMS Rule? On January 13, 2022, the U.S. Supreme Court reinstituted the stay of the federal vaccine or testing mandate, effectively killing...more

Partridge Snow & Hahn LLP

Supreme Court Rescues Large Employers from the OSHA ETS Vaccine Mandate

Partridge Snow & Hahn LLP on

Employers with 100 or more employees can breathe a sigh of relief as the United States Supreme Court has come to the rescue and blocked the Emergency Temporary Standard (ETS) put in place by OSHA. How Did We Get Here?...more

Venable LLP

Supreme Court Brings Clarity to Federal Vax Mandates?

Venable LLP on

Caption: On January 13, 2022, after hearing emergency oral arguments, the Supreme Court handed down decisions staying OSHA’s ETS and upholding the CMS Rule requiring healthcare workers to be fully vaccinated against...more

Bodman

Supreme Court Split Decision: Employer Vaccine-or-Test Rule Blocked; Health Care Vaccine Mandate Upheld

Bodman on

On January 13, 2022, the Supreme Court issued two decisions regarding requests to enjoin rules issued by federal agencies intended to increase vaccination rates....more

Harris Beach Murtha PLLC

U.S. Supreme Court Stays Enforcement of OSHA’s COVID-19 Vaccine-or-Test Mandate, while Upholding Vaccine Mandate for Healthcare...

Harris Beach Murtha PLLC on

On January 13, 2022, the U.S. Supreme Court issued an opinion in which it ordered a stay on the enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) pending disposition...more

Butler Snow LLP

Supreme Court Stays CMS-Vaccine Injunctions: What’s Next for Health Care Providers

Butler Snow LLP on

Jan. 19, 2022 - This article has been updated to reflect updated implementation dates in some states. On January 13, 2022, the Supreme Court issued dual decisions impacting the CMS (Centers for Medicare & Medicaid Services)...more

Nilan Johnson Lewis PA

Supreme Court Upholds CMS COVID Vaccine Mandate

Nilan Johnson Lewis PA on

Yesterday, the U.S. Supreme Court upheld the Centers for Medicare and Medicaid Services (CMS) vaccine mandate by a vote of 5 in favor and 4 dissenting....more

Burr & Forman

U.S. Supreme Court Dissolves Injunction of CMS Vaccine Rule

Burr & Forman on

On January 13, 2022, the United States Supreme Court, in a 5 to 4 vote, granted the government’s request to overturn the injunction on The Centers for Medicare and Medicaid (CMS) interim final rule requiring vaccinations of...more

Polsinelli

Supreme Court Keeps CMS Vaccine Requirement Alive Nationwide

Polsinelli on

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...more

Littler

U.S. Supreme Court Lifts Injunctions Against CMS Vaccine Mandate

Littler on

On January 13, 2022, the U.S. Supreme Court, in a 5-4 decision, lifted lower court injunctions that had blocked enforcement in 25 states of the Centers for Medicare and Medicaid Services (CMS) Interim Final Rule requiring...more

Polsinelli

CMS Resumes Enforcement of Vaccine Requirement in Half of States

Polsinelli on

While the Centers for Medicare & Medicaid Services (“CMS”) Omnibus COVID-19 Health Care Staff Vaccination Rule (“CMS Vaccine Requirement”) heads to the Supreme Court, CMS will resume enforcement in the half of U.S. states not...more

Foley & Lardner LLP

The COVID-19 Vaccination Mandate: CMS is Ready for Enforcement ... in Half of the United States

Foley & Lardner LLP on

Despite continuing disputes as to the legality and enforcement of the CMS vaccine mandate for certified providers and suppliers, CMS has indicated it will proceed with enforcement of the mandate in those states where it is...more

Holland & Knight LLP

A Dizzying Map of Federal Vaccination Mandates, Injunctions and Stays

Holland & Knight LLP on

Keeping track of a dizzying number of injunctions and stays by multiple federal district courts and courts of appeal involving three separate federal COVID-19 vaccination mandates with a couple exceptions is no small task....more

King & Spalding

Injunction Prohibiting CMS Enforcement of COVID-19 Vaccine Mandate for Healthcare Workers Partially Lifted, Potentially Opening...

King & Spalding on

On Wednesday, December 15, 2021, the Fifth Circuit Court of Appeals denied the federal government’s petition for a stay pending appeal of the preliminary injunction issued by a federal district court in Louisiana that...more

Faegre Drinker Biddle & Reath LLP

Circuits Split on CMS Vaccine Mandate, Highlighting “Great Significance” of Issue as It Heads to Supreme Court

Faegre Drinker Biddle & Reath LLP on

Three circuit court decisions issued in the past two weeks have considered the CMS vaccine mandate, bringing the issue – and similar vaccine mandate lawsuits – to the Supreme Court in the final weeks of the year. The CMS...more

BakerHostetler

Far from Home in the Multiverse of Madness: Where Are We Now with Respect to the Federal Contractor Vaccine Mandate?

BakerHostetler on

Do you like superhero movies? If you’re like me, you eagerly await the premieres of the new Spiderman movie this week and the Dr. Strange movie next year, where our heroes are expected to delve into the problem of multiple...more

Bricker Graydon LLP

Legal updates on challenges to CMS vaccination mandate may cause more uncertainty

Bricker Graydon LLP on

Decisions over the past few days on Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandate litigation we previously reported [BB1] earlier this month may cause more confusion. The CMS vaccination rule,...more

Parker Poe Adams & Bernstein LLP

COVID-19 Vaccine Mandate for Health Care Industry Remains on Hold in South Carolina and Georgia But Not North Carolina

Parker Poe Adams & Bernstein LLP on

On December 15, the Fifth Circuit Court of Appeals partially lifted a nationwide stay issued by a Louisiana federal district court that preliminarily enjoined the Centers for Medicare & Medicaid Services from implementing its...more

Constangy, Brooks, Smith & Prophete, LLP

One Hot Mess: CMS Vaccine Mandate For Health Care Employers Is On Hold, But Not Everywhere

Constangy, Brooks, Smith & Prophete, LLP on

On Wednesday, the U.S. Court of Appeals for the Fifth Circuit affirmed a preliminary injunction that had been granted on November 30, temporarily blocking the vaccine mandate issued by the Centers for Medicare & Medicaid...more

Littler

CMS COVID-19 Vaccination Mandate Back in 25 States

Littler on

There have been significant developments in the legal challenges brought against the interim final rule of the Centers for Medicare and Medicaid Services (“CMS rule”), which requires vaccination of all healthcare workers at...more

Jackson Lewis P.C.

Fifth Circuit Grants, In Part, Motion to Stay Nationwide Preliminary Injunction on Centers for Medicare & Medicaid COVID-19...

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On December 15, 2021, the Fifth Circuit Court of Appeals granted, in part, the federal administration’s motion to stay the nationwide preliminary injunction enjoining the Centers for Medicare and Medicaid (“CMS”) from...more

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