Per Claire Ernst J.D., Government Affairs Director MGMA
“I wanted to provide a quick update on the court cases involving the COVID-19 vaccination mandates. As many of you have seen, both the OSHA vaccination and testing emergency temporary standard (ETS) and the CMS facilities vaccination mandate were quickly challenged in court. Below is a quick overview of where the mandates currently stand – this is subject to change:
- OSHA vaccination and testing ETS: On Nov. 12, 2021, the U.S. Circuit Court of Appeals for the Fifth Circuit granted a motion to stay (or halt) the ETS. After that decision, OSHA suspended enforcement pending future developments in the litigation. More information about OSHA’s announcement can be found on the ETS landing page. The U.S. Court of Appeals for the Sixth Circuit now has jurisdiction over the challenges and will issue its decision. However, it is certainly possible that following the Court’s ruling, the decision could get appealed to the U.S. Supreme Court.
- CMS facilities vaccination mandate: On Nov. 30, 2021, the U.S. District Court for the Western District of Louisiana issued a preliminary injunction halting the mandate. The ruling comes one day after the U.S. District Court for the Eastern District of Missouri halted implementation of the rule for 10 states. Together, the decisions apply to all states. However, this decision is likely to get appealed as well.
MGMA will continue to monitor this evolving situation and provide updates.”