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Constitutional Challenges Healthcare Facilities

Fisher Phillips

SCOTUS Saves E-Rate Program, Preserving Tech Funding for Schools Across the Country

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In a major victory for public institutions and the tech companies that support them, the U.S. Supreme Court just preserved the federal funding lifeline that underpins internet access and telecommunications connectivity in...more

Shipman & Goodwin LLP

Trump Administration Rescinds Biden Administration's EMTALA Preemption Guidance

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On June 3, 2025, the Trump Administration announced that it rescinded the Biden Administration’s guidance issued on July 11, 2022.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

McCarter & English, LLP

Were All Those Nurse Staffing Seminars for Naught?

The contentious Nursing Home Minimum Staffing Rule (Rule), which established minimum staffing requirements for federally funded long-term care facilities (LTC) such as skilled nursing facilities (SNFs) for Medicare and...more

King & Spalding

Texas Court Strikes Down Key Portions of Biden-Era Rule Imposing Minimum Nurse Staffing Requirements at Nursing Homes

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On April 7, 2025, Judge Matthew Kacsmaryk of the Northern District of Texas vacated two provisions of a major 2024 CMS nurse staffing regulation requiring nursing homes to have an RN on site 24 hours a day, 7 days per week...more

Polsinelli

Federal Court Finds False Claims Act Penalty Unconstitutionally Excessive

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On February 26, 2025, the U.S. District Court for the Northern District of Texas issued a significant False Claims Act (FCA) ruling in United States of America ex rel. Cheryl Taylor v. Healthcare Associates of Texas, LLC,...more

Shipman & Goodwin LLP

Idaho Federal Judge Warns of Conflicts Between Restrictive Abortion Laws and EMTALA

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In a 60-page decision issued on March 20, 2025, Judge Lynn Winmill, a Federal District Judge for the District of Idaho, granted a preliminary injunction that enjoins Attorney General Raúl Labrador and his officers, employees,...more

Jones Day

Federal Court Rejects False Claims Act's Draconian Penalties

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Following a jury's verdict, a federal court slashed civil penalties under the False Claims Act ("FCA") as violative of the Constitution's 8th Amendment....more

Schwabe, Williamson & Wyatt PC

Navigating Immigration in Healthcare Under a New Administration

On his first day in office, President Trump made good on several campaign promises by issuing various immigration-related executive orders. In his inauguration speech, the new president defended his actions by declaring:...more

Stevens & Lee

Challenging the FTC’s Constitutionality in the Aftermath of Jarkesy

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The Supreme Court on June 27 issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment...more

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

Montana’s Vaccination Discrimination Law: Federal Court Blocks Enforcement

On December 9, 2022, a federal judge in Montana permanently blocked enforcement in healthcare settings of a first-in-the-nation law that had prohibited discrimination in employment and the provision of services based on...more

Williams Mullen

Sixth Circuit Upholds Kentucky CON Law

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Providers across North Carolina are watching with interest the constitutional challenge to our state’s Certificate of Need (CON) Law and the ongoing saga of a potential legislative repeal of portions of South Carolina’s CON...more

Kohrman Jackson & Krantz LLP

Healthcare Vaccine Mandate Deadline Pushed In 24 States

Following the United States Supreme Court’s recent decision to enforce the COVID-19 vaccine mandate over healthcare workers at facilities that participate in Medicare and Medicaid, the deadline to become fully vaccinated has...more

Ervin Cohen & Jessup LLP

Supreme Court Upholds Vaccine Mandate for Medicare and Medicaid-Certified Providers and Suppliers

On the same day that the United States Supreme Court imposed a stay of enforcement on OSHA’s vaccine mandate for private employers with over 100 employees, the Court ruled that the Centers for Medicare & Medicaid Services...more

Cozen O'Connor

Supreme Court Allows CMS Vaccine Directive To Go Forward

Cozen O'Connor on

On January 13, 2022, the Supreme Court’s decision to reinstate the stay of the Occupational Safety and Health Administration emergency temporary standards (OSHA ETS) was widely reported. While the stay of the OSHA ETS has...more

Greenbaum, Rowe, Smith & Davis LLP

U.S. Supreme Court Upholds CMS Enforcement of COVID-19 Vaccine Mandate for Healthcare Facilities that Receive Medicare or Medicaid...

What You Should Know- •The U.S. Supreme Court upheld the CMS COVID-19 vaccine mandate for healthcare workers and others at facilities that participate in the Medicare and Medicare programs. •The Court lifted the...more

Miles & Stockbridge P.C.

SCOTUS Axes Biden’s Vaccine or Testing Mandate for Large Employers

After hearing oral argument on January 7, 2022, on January 14, 2022, the Supreme Court issued a ruling staying the Biden administration’s vaccine or testing mandate for large employers. As many doubtless know, on...more

Dorsey & Whitney LLP

U.S. Supreme Court Lifts Injunction Against CMS’ Health Care Facility Vaccine Mandate: What Does This Mean for Your Health Care...

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Health care employers are not alone in feeling overwhelmed by the constantly changing legal status of the various federal vaccine mandates. On Thursday afternoon, the Supreme Court made its rulings on two preliminary...more

Constangy, Brooks, Smith & Prophete, LLP

High Court Upholds CMS Vaccine Mandate For Health Care Workers -- What Now?

After operating in limbo for a little over two months, Medicare/Medicaid certified facilities across the country now know one thing for certain—the Centers for Medicare & Medicaid Services Interim Final Rule mandating health...more

Morgan, Brown & Joy, LLP

Supreme Court Blocks OSHA Emergency Temporary Standards Vaccine-or-Test Rule for Large Employers, Allows Vaccine Requirement for...

On January 13, 2022, the Supreme Court issued a decision staying the Occupational Safety and Health Administration’s (OSHA) requirement that employers with 100 or more employees require their workers to be vaccinated or...more

Dorsey & Whitney LLP

The Supreme Court - January 13, 2022

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National Federation of Independent Businesses v. Department of Labor, Nos. 21-244, 21-247: Numerous challenges were brought against the emergency rule issued on November 5, 2021, by the Occupational Safety and Health...more

Downs Rachlin Martin PLLC

Supreme Court Halts OSHA “Shot-or-test” Mandate, but Allows CMS Mandate for Healthcare Facilities to go into effect Nationwide

On January 13, 2022, the Supreme Court issued two highly anticipated decisions on separate federal COVID-19 vaccination mandates that, together, applied to tens of millions of private sector employees....more

Quarles & Brady LLP

A Few Clarifications About the CMS Mandatory COVID-19 Vaccination Rule

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As we described in our recent client alert, the Centers for Medicare and Medicaid Services (CMS) recently mandated that (almost) all health care workers in federally regulated facilities are vaccinated, pursuant to a...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Won't Delay New York Vaccine Mandate for Health Care Workers

The Second Circuit Court of Appeals rejected a motion last week for a preliminary injunction filed by health care workers who object to a New York state COVID-19 vaccination mandate. The New York mandate contains medical...more

Dorsey & Whitney LLP

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

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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

Parker Poe Adams & Bernstein LLP

First Circuit Upholds State's Mandatory Vaccine Order for Health Care Workers

Last week, the First Circuit Court of Appeals rejected challenges to a Maine emergency rule requiring that health care workers be vaccinated against COVID-19. Originally scheduled to take effect on August 12, 2021, all Maine...more

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