Tag: CMS vaccine mandate

Texas Now Subject to CMS Vaccine Mandate for Healthcare Workers The U.S. Supreme Court recently stayed the preliminary injunctions issued in the cases filed in Missouri and Louisiana against the Centers for Medicare and Medicaid Services' COVID-19 vaccine mandate for healthcare providers. This ruling applied to the 24 states that were subject to the preliminary injunction, and 25 states were already subject to the mandate. However, Texas was still left in limbo due to another case challenging the mandate. However, on January 14th, the CMS filed a motion with the U.S. District Court for the Northern District of Texas to stay the injunction pending resolution of an appeal the agency filed with the U.S. Court of Appeals for the Fifth Circuit. In response, the court gave the State of Texas until January 18th to file a response. On January 18th, the state responded with both a motion to dismiss the case without prejudice and a separate response to the motion for a stay, arguing that it would be moot due to the request for dismissal. The CMS responded the following day, arguing that the motion for a stay was not moot until the case was dismissed. The agency also requested that the motion for a stay or dismissal of the case be granted by 5:00 p.m. the same day. The district court chose to issue an order to dismiss the lawsuit without prejudice restoring the CMS's ability to enforce the mandate in the last remaining holdout. The CMS issued new guidance for the state of Texas on January 20th, 2022, with new compliance deadlines. Facilities covered by the mandate now are required to have policies and plans in place and all staff either having received an initial dose or exemption by February 19th, 2022. By March 21st, 2022, all covered staff must be fully vaccinated or have received an exemption to be fully compliant with the mandate. These changes will have no impact on the deadlines for all other states. Employer Takeaways For facilities in Texas covered by the CMS mandate, it's time to break out their existing plans and begin reimplementing them. Given that the state executive vaccine order conflicts with the CMS mandate, it is best to make it clear that these policies are to comply with the CMS mandate, which preempts the executive order. Make sure your company policies are compliant with State law by reading up on fair chance hiring practices. Learn more by downloading our free resource on Adverse Action Notice Protocols in Compliance With FCRA.

Tag: CMS vaccine mandate

Texas Now Subject to CMS Vaccine Mandate for Healthcare Workers

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