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Biden Administration › Preemption › Constitutional Challenges

Foley Hoag LLP

CMS Rescinds Post-Dobbs EMTALA Guidance, Raising New Questions for Emergency Departments

Foley Hoag LLP on

I. Key Takeaways - Federal enforcement under the Emergency Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden...more

Shipman & Goodwin LLP

Trump Administration Rescinds Biden Administration's EMTALA Preemption Guidance

Shipman & Goodwin LLP on

On June 3, 2025, the Trump Administration announced that it rescinded the Biden Administration’s guidance issued on July 11, 2022. The Biden Administration’s guidance advises hospital providers that, under the federal...more

Lowndes

CMS Vaccine Rule Stands: Providers Caught Between Federal Mandate and Florida Restrictions

Lowndes on

Late last week, the U.S. Supreme Court lifted the stay of the healthcare worker vaccination mandate (CMS Rule) in 24 states where the CMS Rule had been stayed. The CMS Rule, issued by the Centers for Medicare & Medicaid ...more

Holland & Knight LLP

U.S. Supreme Court Stays OSHA Vaccine Mandate, But Allows Enforcement of CMS Vaccine Mandate

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The U.S. Supreme Court today reached split decisions on the so-called vaccination mandates issued, respectively, by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

SCOTUS Narrowly Allows CMS Vaccine Mandate to Survive; Preemption Battles to Ensue

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On December 7, 2021, the Supreme Court of the United States heard oral argument on the cases challenging both the secretary of Health and Human Services’ interim final rule and the secretary of Labor’s emergency temporary...more

Winstead PC

The Federal Government Vaccine Mandate’s Impact on Colleges and Universities

Winstead PC on

The Biden administration on Nov. 4 released a Fact Sheet announcing the details of its Occupational Safety and Health Administration (OSHA) and Center for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. ...more

Littler

Additional Pushback from Certain States on Governmental and Private Employer Vaccine Mandates

Littler on

Certain states are continuing to prohibit or severely curb the ability of private employers to mandate that employees be vaccinated against COVID-19. In just 10 days since our most recent update, several additional states...more

Lowndes

Employers in Limbo—OSHA Suspends Vaccination Rule After Fifth Circuit Ruling as Florida Limits Mandates

Lowndes on

On November 12, 2021, the Fifth Circuit Court of Appeals issued its second stay against OSHA’s emergency temporary standard (ETS) requiring large private employers to “vaccinate or test” their employees (a summary of ETS)....more

Dorsey & Whitney LLP

CMS’ COVID-19 Vaccine Mandate: What Health Care Providers Need to Know

Dorsey & Whitney LLP on

Last week, the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration (OSHA) published their much-anticipated rules mandating COVID-19 vaccinations. ...more

WilmerHale

OSHA Publishes COVID19 "Vaccine or Test" Mandate for Employers

WilmerHale on

On November 5th, 2021, the federal Occupational Safety and Health Administration (OSHA) issued an emergency regulation that assigns US employers a central role in the Biden Administration’s COVID-19 pandemic response. Several...more

Holland & Knight LLP

Food and Beverage Law Update: July 2021

Holland & Knight LLP on

"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more

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