A federal court decision has created a new wrinkle for healthcare employers that are preparing to comply with the new vaccine mandate from the Centers for Medicare and Medicare Services (CMS). On November 29, 2021, Judge Matthew Schelp of the Eastern District of Missouri issued an order blocking the implementation of the CMS vaccine mandate in ten states where the state Attorneys General had challenged the mandate. While this decision does not conclusively resolve the legal challenges to the CMS mandate, it may shed light on how higher courts will view the questions surrounding the mandate’s enforceability, and it constitutes an important consideration for organizations otherwise covered by the CMS mandate. For additional information about this development, please see our Employment Law Worldview blog where this decision is discussed in further detail.
