CMS Updates Compliance Deadlines for Health Care Providers’ Vaccine Mandate
After the U.S. Supreme Court’s decision upholding the
Biden administration’s vaccine mandate for health care providers, the Centers
for Medicare & Medicaid Services (CMS) released on Jan. 14 an updated interpretive guidance on its Omnibus
COVID-19 Health Care Staff Vaccination Interim Final Rule.
Under the guidance, health care providers in the 24 states
that challenged the mandate and are covered by the decision (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, Utah, West Virginia and Wyoming) must ensure their
employees have their first dose by Feb. 14, 2022, and their second dose by March
15, 2022. Providers in the District of Columbia, the U.S. territories and the
other 25 states that did not challenge the mandate must have their employees’
first dose administered by Jan 27, 2022, and their second dose administered by Feb. 28, 2022.
The only state that the updated guidance did not apply to was
Texas. Though Texas was not a party to the Supreme Court lawsuit, it did file
a request for a preliminary injunction blocking implementation of the vaccine
mandate. On Dec. 16, Texas secured a preliminary injunction blocking the vaccine
mandate. However, last week the U.S. District Court for the Northern District
of Texas dismissed the lawsuit, thereby lifting the preliminary injunction, and
closed the case in light of the Supreme Court’s decision. CMS has not yet announced
a vaccine compliance date for health care providers in Texas.