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Supreme Court Allows CMS Vaccine Mandate for Health Care Settings; Blocks OHSA Vaccine-or-Test Requirements

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In a 5-4 decision issued Jan. 13, the U.S. Supreme Court will allow the Centers for Medicare & Medicaid Services (CMS) interim final rule requiring COVID-19 vaccination for health care staff to take effect nationwide. Previously, the mandate was blocked in 25 states that challenged the requirements.  

CMS previously issued guidance to state survey agencies on enforcement of the requirements. Under the CMS regulation, hospitals must establish required policies and procedures by Jan. 27, and staff must complete their primary vaccination series by Feb. 28.  

In a separate 6-3 ruling, the Supreme Court blocked enforcement of the Occupational Safety and Health Administration mandate that would require vaccination or testing for employees at businesses with more than 100 employees.