CMS Suspends COVID-19 Vaccine Mandate for Healthcare Workers

CMS has officially suspended the COVID-19 vaccine mandate for healthcare workers following two court orders to pause the interim final rule implementing the mandate from the Biden Administration.

“The Centers for Medicare & Medicaid Services (CMS) will not enforce the new rule regarding vaccination of health care workers or requirements for policies and procedures in certified Medicare/Medicaid providers and suppliers (including nursing facilities, hospitals, dialysis facilities and all other provider types covered by the rule) while there are court-ordered injunctions in place prohibiting enforcement of this provision,” the federal agency said in the memorandum dated Dec. 2, 2021.

Last week, both the United States District Court for the Eastern District of Missouri and United States District Court for the Western District of Louisiana issued preliminary injunctions against the implementation of the vaccine mandate issued in the Nov. 4, 2021, rule from CMS.

The rule would have required all healthcare workers to receive at least their first shot by Dec. 6, 2021, and by fully vaccinated by Jan. 4, 2022. The rule would have impacted approximately 10.3 million people working in hospitals and other healthcare settings.

The federal courts agreed that Congress would need to enact or explicitly give HHS the authority to implement and enforce such a widespread COVID-19 vaccine mandate.

“While the Court agrees Congress has authorized the Secretary of Health and Human Services (the ‘Secretary’) general authority to enact regulations for the ‘administration’ of Medicare and Medicaid and the ‘health and safety’ of recipients, the nature and breadth of the CMS mandate requires clear authorization from Congress—and Congressed has provided none,” one federal judge wrote the order, emphasizing the word “general.”

Enforcement of a similar COVID-19 vaccine mandate for private employers has also been halted by the courts. The 5th Circuit Court of Appeals previously granted an emergency stay of the vaccine mandate issued by the Occupational Safety and Health Administration. The mandate would have required business with 100 or more workers to require their employees to be fully vaccinated by Jan. 4, 2021.

Over a third of physicians and other clinicians surveyed by Adaptive Medical Partners last month said they disagreed with CMS’ COVID-19 vaccine mandate in the interim final rule. This does not mean the responding clinicians were against vaccinations, researchers said. Rather, many clinicians fear the mandate will increase staff turnover, among other workforce issues.

Staffing shortages have been a major issue for hospitals and other healthcare settings and some major health systems have hesitated to enforce their own vaccine mandates over concerns about turnover.

Health systems and other providers can still require vaccination of their workers. However, the federal COVID-19 vaccine mandate is temporarily paused in light of the courts. CMS said in the memorandum that it has appealed both decisions and filed motions of stays for the orders.