January 20, 2022

US Supreme Court Blocks OSHA COVID Vaccine Requirement; Allows CMS Requirement to Stand

The U.S. Supreme Court recently blocked a U.S. Department of Labor Occupational Safety and Health Administration Emergency Temporary Standard (ETS) to employers with 100 or more employees that would have ensured each worker is fully vaccinated or is tested for COVID-19.

The court let stand a separate Centers for Medicare and Medicaid Services (CMS) interim final rule mandating that healthcare workers at hospitals, ambulatory surgical centers, dialysis facilities, home health agencies and long-term care facilities that participate in Medicare/Medicaid be fully vaccinated. The CMS regulation does not apply to physician offices (unless they are part of an affected system).

More information about the court ruling is available on the Supreme Court website.

For more information, please contact Gloria Romanelli, JD, Senior Director, Legislative and Regulatory Relations.