12/02/2021

CMS Vaccine Mandate IFR on hold for now

The Centers for Medicare & Medicaid Services (CMS) is currently enjoined from implementing and enforcing the Interim Final Rule (IFR) on vaccination mandates on a nationwide basis based upon two separate federal district courts issuing preliminary injunctions.

• A federal court judge in the Western District of Louisiana issued an order yesterday enjoining and restraining CMS from implementing the IFR for Medicare and Medicaid providers.  The scope of this injunction is nationwide except for the 10 states already covered under the decision issued Monday by a court in Missouri.
• The Biden Administration has already filed an appeal of the Missouri decision with the 8th Circuit Court of Appeals and will likely appeal the Louisiana ruling to the 5thCircuit Court of Appeals.
• There is no timeline on when the appeals will be heard.

Included in QSO-22-04-ALL is this response: “Accordingly, while these preliminary injunctions are in effect, surveyors must not survey providers for compliance with the requirements of the Interim Final Rule. Health care facilities, of course, may voluntarily choose to comply with the Interim Final Rule.”