Dec. 3, 2021
McKnight’s Long-Term Care News
The Centers for Medicare & Medicaid Services will not be enforcing a rule that requires healthcare workers at Medicare- and Medicaid-certified facilities to be vaccinated against COVID-19. The announcement came from CMS as preliminary injunctions against the regulation are in place. According to reports, it is expected “the nationwide injunction will remain in place until further action is taken by the Louisiana U.S. District Court, the Fifth U.S. Circuit Court of Appeals, or the U.S. Supreme Court.”
McKnight’s Long-Term Care News spoke with Nelson Mullins partner Kristin Ahr to better understand the timeline. “The appellate process can take a week, or it can take six months,” said Ahr. “It just depends on how fast people are moving.” She also called the decision to appeal a “smart move” for the Biden administration and CMS.
“Most legal analysts felt that, out of all the three mandates that came out of the Biden executive orders, the one that had the most legal teeth was the CMS mandate,” Ahr said.
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