![]() CMS has appealed both of these decisions, and has filed motions for stays of these orders. On November 30, 2021, the United States District Court for the Western District of Louisiana issued a nationwide preliminary injunction against the implementation and enforcement of the same rule, with the exception of the ten states covered under the first preliminary injunction. UPDATE #1: On November 29, 2021, the United States District Court for the Eastern District of Missouri issued a preliminary injunction against the implementation and enforcement in ten states of Medicare and Medicaid Programs Omnibus COVID-19 Health Care Staff Vaccination, 86 Fed. Please note that the public comment period for the Interim Final Rule will close on January 4, 2022, as originally scheduled. Please refer to the Interim Final Rule and CMS guidance for further detail about what is required at each phase of implementation. In the other 25 states, the District of Columbia, and the territories, as an exercise of enforcement discretion, the rule will be implemented and enforced on the following modified timeline: the deadline for Phase 1 implementation is January 27, 2022, and the deadline for Phase 2 implementation is February 28, 2022. Medicare- and Medicaid-certified providers and suppliers in those states are not required to comply with the Interim Final Rule, and surveyors will not investigate compliance with the rule in facilities located in those states, pending future developments in the litigation. 5, 2021) (the “Interim Final Rule”), is preliminarily enjoined in the following twenty-five states: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming. UPDATE #2: As of December 15, 2021, following decisions by the United States Court of Appeals for the Fifth, Eighth, and Eleventh Circuits and the United States District Court for the Northern District of Texas, implementation and enforcement of Medicare and Medicaid Programs Omnibus COVID-19 Health Care Staff Vaccination, 86 Fed. Please refer to the Interim Final Rule and CMS guidance for further detail about implementation and enforcement timelines outside of Texas, as well as what is required at each phase of implementation. Medicare and Medicaid-certified providers and suppliers in Texas are not yet required to comply with the Interim Final Rule, and surveyors will not investigate compliance with the rule in facilities located in Texas, pending future developments in the litigation. 5, 2021) (the “Interim Final Rule” or “IFC”), remains preliminarily enjoined only in Texas. Biden on January 13, 2022, implementation and enforcement of Medicare and Medicaid Programs Omnibus COVID-19 Health Care Staff Vaccination, 86 Fed. ![]() UPDATE #3: Following the Supreme Court’s decision in Missouri v. Please refer to CMS guidance for enforcement guidelines and timelines. UPDATE #4: As of January 19, 2022, there are no preliminary injunctions prohibiting implementation and enforcement of Medicare and Medicaid Programs Omnibus COVID-19 Health Care Staff Vaccination, 86 Fed. Litigation Update for CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule:
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