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TO: FHA Member CEOs, CFOs, and GR Executives FROM: Mary C. Mayhew, President & CEO SUBJECT: UPDATED: Federal Judge Grants Nationwide Injunction on CMS Vaccine Mandate DATE: December 2, 2021 Members,? ? On Tuesday evening, the judge in the United States District Court in the Western District of Louisiana hearing the State of Louisiana v. Becerra, issued a nationwide injunction of the CMS vaccine mandate rule.?Per the order, “the U.S. Department of Health and Human Services and the Center for Medicare and Medicaid Services, along with their directors, employees, Administrators and Secretaries are hereby ENJOINED and RESTRAINED from implementing the CMS Mandate set forth in 86 Fed. Reg. 61555-01 (November 5, 2021) as to all healthcare providers, suppliers, owners, employees, and all others covered by said CMS Mandate.” The stay will remain in effect pending the final resolution of this case, or until further orders from the U.S. District Court for the Western District of Louisiana, the U.S. Court of Appeals for the Fifth Circuit, or the United States Supreme Court. We anticipate that CMS will formally pause enforcement of the mandate rule and reissue new compliance deadlines in the event a court overturns the injunction issued by the Fifth Circuit. Finding that Plaintiffs had demonstrated irreparable harm and the balance of equities supported an injunction, the Court decided to grant a nationwide injunction for purposes of uniformity and in consideration of other providers in the and other decisions in the 8th (Missouri) and 11th (Florida) circuit, States not covered by this litigation that would be subject to this mandate. We should expect CMS to appeal this, as well as other decisions in the 8th (Missouri) and 11th (Florida) circuit resulting in an eventual review by the Supreme Court in a relatively accelerated manner. At this time, the law passed during Florida’s special session is controlling law, and any Florida business that requires vaccination by their employees must offer the enumerated exemptions: medical (including anticipated pregnancy), religious, natural immunity, PPE, or testing. It is important to note that the state law only applies to entities that impose a vaccine mandate on their employees. As you consider continued enforcement of a vaccine mandate you should be sure to note that many of Florida’s required exemptions contradict the CMS rule; should a court reinstate the CMS rule, hospitals will need to reevaluate exemptions that were granted in alignment with the Florida law to ensure federal compliance. FHA has updated its Vaccine Mandate Comparison Chart to include this information as well as compliance notes regarding the implementation of Florida’s vaccine mandate exemptions. If you have any questions about how the latest court decision impacts your hospital, do not hesitate to contact Michael Williams at michaelw@fha.org. Best Regards, Mary C. Mayhew President & CEO Florida Hospital Association [[UNSUBSCRIBELINK]] from all FHA e-communications. 306 East College Avenue | Tallahassee, FL 32301 | Website
[[UNSUBSCRIBELINK]] from all FHA e-communications. 306 East College Avenue | Tallahassee, FL 32301 | Website