Supreme Court Reinstitutes CMS COVID-19 Vaccine Mandate

The Supreme Court stayed the preliminary injunction which had previously prevented enforcement of the CMS vaccine mandate from going into effect until today, January 13, 2022. In non-legal terms, the CMS Vaccine Mandate is in effect for those certain Medicare/Medicaid certified health care providers, and enforceable pending further legal action.

If covered by the CMS mandate, employers must complete the following requirements by the Phase 1 January 27th date:

  • Develop a policy and process or plan for vaccinating all covered staff;
  • Collect all exemption requests and have granted/denied such requests;
  • Collect all vaccination cards;
  • Identify those individuals who require a temporary delay in vaccination; and
  • All covered staff must have received at least one vaccine dose prior to providing any patient care, treatment or other services within the covered facility.

By the Phase 2 February 28th date, employers must also comply with the following requirements:

  • All covered staff must have completed the vaccination series or have been granted an exemption or have been identified as having a temporary delay as recommended by the CDC.

The Graydon Labor & Employment team is prepared to assist in preparing policies, providing sample exemption forms, or any other aspect of the CMS mandate. Give us a call!

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