COVID-19

Resources

Webinar

Registration

Blog

  • Contact Us
  • Follow Us:

Stotler Hayes

Providing Legal Assistance to Health Care Providers

  • Who We Are
  • Practice Areas
  • Employment
  • Resources

Vaccine Mandate for Health Workers Blocked

Dec 02 2021

Providers have, once again, been left in a tenuous position after two federal courts issued orders blocking the previously-issued vaccine mandate from taking effect less than a week before its first effective date.

In November, the Centers for Medicaid and Medicare (“CMS”) advised that all healthcare workers in any setting accepting Medicaid or Medicare reimbursement nationwide would be required to be receive their first dose of the Pfizer or Moderna vaccination against COVID-19 by next week, with their second dose due no later than January 4, 2022.  Multiple states immediately filed lawsuits seeking to block the mandate from taking effect, alleging that CMS failed to go through the necessary notice and comment period, and that the mandate violates certain provisions of the Social Security Act, among other legal issues.  In late November, the US District Court for the Northern District of Florida refused to do so.  However, several additional decisions have come down in the last forty-eight hours blocking the CMS’ mandate from taking effect, just a week before the first dose deadline.  On Monday, the US District Court for the Missouri blocked the mandate in ten states: Alaska, Arkansas, Iowa, Kansas, Missouri, New Hampshire, Nebraska, North Dakota, South Dakora, and Wyoming.  Late last night, the U.S. District Court for the Western District of Louisiana issued a similar injunction – though its’ impact was much further reaching – nationwide, in fact, impacting more than 10 million health care workers. A similar lawsuit remains pending in Texas.

Subject to these now-conflicting mandates between federal courts and agencies, providers are in a nearly impossible position.  While the American Health Care Association (“AHCA”) has expressed appreciation for the judicial rulings amidst concerns about the impact of the mandate on the existing labor shortage among nursing homes, it has also advised providers “to be ready under any scenario”.

Given that CMS’ data indicates 2.4 million health care workers remain unvaccinated, and that both of the recent district court decisions are likely to be appealed within the federal judicial system, Stotler Hayes agrees with the position of the AHCA.  We encourage providers to submit formal comments to CMS detailing the potential impact of the mandate on your facility’s staffing and resident care.  We can provide assistance with your submission, or you can file comments directly using the detailed instructions on our blog post, here.  In the meantime, we advise providers to undertake steps to ensure policies and procedures with both the mandate and the injunctions are ready to effectuate in early January. If you have any questions or need assistance, please contact Kelly Hayes or Ashley Shudan.

Written by Stotler Hayes · Categorized: COVID-19, General Updates, Medicaid

Stotler Hayes Group, LLC is a national, boutique law firm focused on optimizing recovery for health care providers through Medicaid, Medicare, private collections, training and education. Our attorneys are licensed in, and represent clients before, federal and state courts and agencies in a majority of states around the country.

In the handful of states where Stotler Hayes Group, LLC does not employ a full-time attorney, referrals are made to local counsel, many of whom we have developed close working relationships with over the years. In those cases, our firm works with local counsel throughout the pendency of the case.

Stotler Hayes Group, LLC,

Principal Office: Pawley’s Island, SC, Phone: 843-235-9871; Fax: 888-497-7390; email: info@stotlerhayes.com

This website is for informational purposes only. Please remember that every case is different. Any result we achieve for one client in one matter does not necessarily indicate similar results can be obtained for other clients.

The attorney responsible for the content of this website is Andrea Kirksey, Esq., Executive Director and General Counsel for Stotler Hayes Group, LLC, 297 Willbrook Boulevard,  Pawley’s Island, South Carolina.

She may be contacted at (843) 235-9871, ext. 1002 or at akirksey@stotlerhayes.com.

Home                           Contact Us                    Disclaimer

 

Website Designed by Southern Tide Media