CMS Reinstates COVID-19 Vaccination Mandate in 25 States

CMS announced it would be reinstating the COVID-19 healthcare worker vaccine mandate to facilities in 25 states and the District of Columbia that are not affected by the preliminary injunction. 

The states required to enforce the mandate including California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington, and Wisconsin. 

The compliance dates for the mandate have been modified. CMS stated that facilities in the following states participating in Medicare and Medicaid programs must have staff vaccinated with the first dose of the COVID-19 vaccine by Jan. 27, 2022. 

In order to comply with Phase 2 of CMS’s mandate, healthcare staff in the 25 states where the mandate is not enjoined must be fully vaccinated by Feb. 28, 2022.

The courts granted the other 25 states a preliminary injunction stopping the enforcement of the vaccine mandate.

“CMS is not currently enforcing its vaccine mandate in all states, including those where the mandate is not presently judicially stayed. But CMS’ position may change, particularly following the Supreme Court’s action on the federal government’s application to stay the Louisiana and

Missouri district court preliminary injunction,” Sean Marotta, a partner at Hogan Lovells and outside counsel for the American Hospital Association (AHA), explained a blog post.

On Jan. 7, 2021, the Supreme Court will hear legal challenges against the COVID-19 mandate for healthcare workers. 

The oral argument will hear both the emergency applications to stay the Missouri and Louisiana district court injunctions judicially enjoining the CMS mandate in 25 states.

“Traditionally, the Supreme Court acts on emergency applications such as these without oral argument,” stated Marotta. “But it is unheard of for the full court to hear oral argument directly on an emergency application like this.” 

The Supreme Court decision will determine if the mandate should resume for the rest of the country.

Under the mandate, all eligible staff providing care or services for the facility must be vaccinated. Non-compliant facilities risk losing Medicaid or Medicare funding. 

CMS allows healthcare workers to apply for exemptions from mandatory COVID-19 vaccinations based on recognized medical conditions, religious beliefs, or practices.