On November 5, the Biden-Harris Administration released emergency regulations requiring COVID-19 vaccination of eligible staff at health care facilities, including ambulatory surgery centers, that participate in the Medicare and Medicaid programs. The emergency regulation was scheduled to take effect on December 5, 2021.
However, on November 29, the U.S. District Court for the Eastern District of Missouri issued a preliminary injunction against the implementation and enforcement in 10 states. On November 30, the U.S. District Court for the Western District of Louisiana issued a nationwide preliminary injunction against the implementation and enforcement of the same rule, with the exception of the 10 states covered under the first preliminary injunction. CMS has appealed both of these decisions and has filed motions for stays of these orders.
Due to these injunctions, CMS has suspended activities related to the implementation and enforcement of this rule pending future developments in the litigation.
You can stay up to date on the status of this litigation by visiting CMS FAQs on the emergency regulation.