Earlier today, the U.S. Supreme Court blocked OSHA from enforcing a vaccine mandate for large private employers. This ruling essentially stays the OSHA ETS until further legal appeals can be resolved at the Sixth Circuit and perhaps again at the U.S. Supreme Court. This means that the January 10 and February 9 deadlines have been stayed pending further legal proceedings.
At the same time, the U.S. Supreme Court upheld CMS’ rule requiring vaccination for employees of Medicare and Medicaid-certified provider and supplier types that are subject to CMS health and safety regulations. CMS has made clear in its FAQs, however, that home care agencies that provide Medicaid Home and Community-Based Services are exempt from the CMS mandate.
Click here for the CMS FAQs, which go on to state that the CMS vaccination rule does apply to those Medicare and Medicaid-certified provider and supplier types that are subject to CMS health and safety regulations. So it is important to evaluate the services you provide to determine if your agency is subject to the CMS health and safety regulations.
The rulings take effect immediately. The rulings today do not, however, prevent or impact states or local jurisdictions that have imposed their own versions of a vaccine mandate. If your state has vaccine mandates in place that include home care, your agency must still comply.
Click here for additional information from Littler.