CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule – UPDATE

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On December 15, 2021, in the continuing roller coaster of events surrounding the federal vaccine mandates, the U.S. Court of Appeals for the Fifth Circuit issued an Order removing the nationwide injunction against the CMS health care facility staff vaccine mandate but allowed the injunction to remain in place for the 14 challenging states (Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky and Ohio). Thus, qualifying health care facilities subject to the mandate in … Read More

Covid Testing For Employees Update

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Effective Date The ETS is in effect as of publication in the Federal Register (11/5/21) and employers have 30 days— January 4, 2022– to comply with all requirements other than who have not completed their primary vaccination dose. Within 60 days, employers must be in compliance with testing requirements for employees who have not received all doses required for a primary vaccination. To be clear, all requirements except the testing for employees who are not fully vaccinated or who are … Read More

OSHA ETS on Vaccination & Testing

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Just a quick recap of where things stand with the OSHA ETS on vaccination and testing. Almost immediately after the ETS was published on November 5, 2021, legal challenges were filed across the country in nearly every circuit of the US Court of Appeals. It was the Fifth Circuit that issued a temporary stay of the ETS, and then subsequently made the stay permanent pending judicial review last Friday, November 12, 2021. The next step is that all of these … Read More

Breaking News: The Build Back Better plan just passed the US House!

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The bill is now headed to the Senate! This is the legislation also known as the “human infrastructure bill” that among other things, includes historic funding for healthcare, universal pre-K, climate change, housing, etc. The legislation still has a long way to go in light of political and procedural challenges in the Senate—and the bill will have to come back to the House for a vote if the Senate makes changes (as it inevitably will). But for now, this is … Read More

COVID-19 Update: OSHA released new ETS on vaccine mandate for employers of 100 or more employees

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This morning, OSHA released an Emergency Temporary Standard mandating vaccines or testing for employers of 100 or more employees (part-time employees are included). Covered employers are required to “develop, implement and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to choose to either be vaccinated or undergo regular COVID-19 testing and wear a face covering at work.” There will be lots of analysis of this new standard in the coming days which we will share, but we … Read More

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