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​News

ARTICLE

Date ArticleType
12/15/2021 5:00:00 AM Emergency Management Notices

CMS Vaccine Mandate Update


 
TO:
FHA Member Hospital and Health System Chief Executive Officers, Chief Financial Officers, Human Resource Executives  & Government Relations Executives 
FROM: Mary C. Mayhew, President and CEO
SUBJECT:
CMS Vaccine Mandate Update
DATE: December 15, 2021
 
Judge Lifts Nationwide Stay of CMS Vaccine Mandate
 
This afternoon, a Louisiana Judge in the U.S. 5th Circuit Court of Appeals lifted a nationwide order preventing the enforcement of the Centers for Medicare and Medicaid Services (CMS) new rule requiring staff at facilities participating in their programs to be fully vaccinated by January 4, 2022. The ruling partially upheld the lower court ruling by affirming the stay for the states listed as Plaintiff while noting that the lower court "gave little justification for issuing an injunction outside the 14 states that brought suit." 
 
At this time, it is unknown what impact this ruling will have on the enforcement of CMS's "Omnibus COVID-19 Health Care Staff Vaccination" rule. On December 3, CMS notified state surveyors, including AHCA, that it is suspending enforcement of its mandate pending future development in litigation. The CMS rule remains suspended; however, should CMS provide additional guidance, FHA will notify its members.

Sincerely,

Mary C. Mayhew
President and CEO
Florida Hospital Association
(207) 620-0072
MaryM@fha.org

 

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