News & Analysis as of

Supreme Court of the United States › Biden Administration › Centers for Medicare & Medicaid Services (CMS)

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
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Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden...more

Snell & Wilmer

Trump Administration Rescinds Emergency Abortion Guidance

Snell & Wilmer on

On June 3, 2025, the Trump administration announced (the Announcement) that it would no longer follow Biden-era guidance (the Guidance) that directed hospitals to provide emergency abortions to pregnant women in emergency...more

Foley & Lardner LLP

CMS Vaccine Mandate and Home Care Providers – Investor Takeaways

Foley & Lardner LLP on

The COVID-19 vaccine mandate implemented by the Centers for Medicare and Medicaid Services (CMS) has affected investor interest in non-acute care providers and suppliers, including home care providers. As our colleagues...more

Zuckerman Spaeder LLP

What Do the Supreme Court’s Decisions on COVID-19 Vaccine Mandates Mean for the American Workforce?

Zuckerman Spaeder LLP on

On January 13, 2022, the U.S. Supreme Court struck down one federal COVID-19 vaccine mandate (on large employers) while leaving another (on federally funded healthcare facilities) intact. On balance, these decisions curb...more

Pullman & Comley - Labor, Employment and...

Red Light, Green Light: A Status Update on Federal Vaccine Mandates for Private Employers

Pullman & Comley - Labor, Employment and... on

OSHA’s Emergency Temporary Standard - On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring most employers with 100 or more employees to either...more

Bradley Arant Boult Cummings LLP

Supreme Court Ruling Permits CMS Vaccine Mandate for Employees of Healthcare Facilities to Become Effective

Bradley Arant Boult Cummings LLP on

On Thursday, January 13, 2022, the Supreme Court of the United States issued its opinions in each of the Centers for Medicare and Medicaid Services (CMS) and Occupational Safety and Health Administration (OSHA) vaccination...more

Kohrman Jackson & Krantz LLP

After Scotus Ruling On Vax Mandate, What’s Next For Employers?

Kohrman Jackson & Krantz LLP on

On Jan. 13, 2022, the United States Supreme Court (SCOTUS) granted an emergency request for relief staying the Occupational Safety and Health Administration’s Emergency Temporary Standard (ETS), requiring all employers with...more

Levenfeld Pearlstein, LLC

Supreme Court Halts OSHA Vaccine/Testing Mandate, But Permits Healthcare Industry Requirement

Levenfeld Pearlstein, LLC on

Recently, the U.S. Supreme Court blocked the OSHA Emergency Temporary Standard (“ETS”) that would have required all employers with 100+ employees to mandate vaccination or testing, while allowing the Department of Health and...more

Stinson - Government Contracting Matters

More Administration Actions on the COVID-19 Vaccination Front

Stinson - Government Contracting Matters on

The Biden Administration continues its march towards implementation and enforcement of permanent vaccination mandates. OSHA withdraws OSHA Emergency Temporary Standard (ETS) - On January 13, 2022, the Administration’s...more

Dentons

COVID-19 Policies and US Employers: Charting a Path Forward

Dentons on

The legal landscape around COVID-19 policies and vaccine mandates in the workplace continues to shift under the feet of US employers. With the January 13 US Supreme Court ruling on the OSHA and CMS vaccine rules, and...more

Kohrman Jackson & Krantz LLP

Healthcare Vaccine Mandate Deadline Pushed In 24 States

Kohrman Jackson & Krantz LLP on

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

Morrison & Foerster LLP

Updates to Task Force Guidance | District Courts Follow Different Reasoning to Hold Executive Order 14042 Invalid: Circuit Courts...

Morrison & Foerster LLP on

The fast and furious Jenga game over when and with which federal vaccine mandate a company must comply might finally have reached a turning point. On January 13, 2022, the Supreme Court issued dual per curiam opinions in...more

Nelson Mullins Riley & Scarborough LLP

U.S. Supreme Court Halts OSHA’s “Vaccine or Test” Mandate but Upholds CMS Vaccination Requirement for Healthcare Workers

Nelson Mullins Riley & Scarborough LLP on

On January 13, 2022, the U.S. Supreme Court blocked OSHA’s “vaccine or test” Emergency Temporary Standard (“ETS”) mandate in a split 6-3 decision.  Without the ETS, employers are not required to mandate vaccinations, but...more

Epstein Becker & Green

CMS Vaccine Mandate: New Hospital Survey Procedures and Deadlines

Epstein Becker & Green on

On January 14, 2022, after the decision by the U.S. Supreme Court in Biden v. Missouri, the Centers for Medicare & Medicaid Services (CMS) issued guidance in QSO-22-09-ALL (“January 14 Memo”) on application of the November 5,...more

Arnall Golden Gregory LLP

Supreme Court Issues Split Decisions on Federal Vaccine Mandates

Arnall Golden Gregory LLP on

On January 13, 2022, the U.S. Supreme Court (“Court”) issued split decisions regarding Federal vaccine mandates issued by the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health...more

Saul Ewing LLP

What's Next for Employers After the SCOTUS' Decisions on the OSHA ETS Mandate and the CMS Rule?

Saul Ewing LLP on

What’s Next for Employers After SCOTUS’ Decisions on the OSHA ETS Mandate and the CMS Rule? On January 13, 2022, the U.S. Supreme Court reinstituted the stay of the federal vaccine or testing mandate, effectively killing...more

Ervin Cohen & Jessup LLP

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

Ervin Cohen & Jessup LLP on

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

Venable LLP

Supreme Court Brings Clarity to Federal Vax Mandates?

Venable LLP on

Caption: On January 13, 2022, after hearing emergency oral arguments, the Supreme Court handed down decisions staying OSHA’s ETS and upholding the CMS Rule requiring healthcare workers to be fully vaccinated against...more

Quarles & Brady LLP

CMS Vaccine Mandate: Compliance Dates Clarified

Quarles & Brady LLP on

As stated in our previous client alert, the Centers for Medicare and Medicaid Services (CMS) set compliance dates for the vaccine mandate in all of the states where the injunction had been lifted, which became official for...more

Keating Muething & Klekamp PLL

Supreme Court Re-Implements Stay of Vaccine Mandate for Employers, Upholds CMS Mandate

Keating Muething & Klekamp PLL on

Ever since the Sixth Circuit dissolved the injunction to OSHA’s Emergency Temporary Standard (ETS), which mandates employers with 100 employees or more to require employees be vaccinated or submit to weekly testing and wear...more

Winthrop & Weinstine, P.A.

The Supreme Court Blocks OSHA’s Mandatory Vaccine or Vaccine/Test Rule for Employers with 100+ Employees

Winthrop & Weinstine, P.A. on

On January 13, 2022, the United States Supreme Court (the “Court”) granted the stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring businesses with 100 or more...more

Akerman LLP - HR Defense

U.S. Supreme Court Allows Vaccine Mandate for Healthcare but Blocks Vaccine-Or-Test Rule for Large Private Businesses

Akerman LLP - HR Defense on

On January 13, 2021, the U.S. Supreme Court prevented President Biden’s vaccination or testing mandate for large employers (issued as an OSHA Emergency Temporary Standard (ETS)) from being enforced.  The Court allowed the...more

Miles & Stockbridge P.C.

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

Miles & Stockbridge P.C. on

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...

Dorsey & Whitney LLP on

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

Ward and Smith, P.A.

Split Decision: SCOTUS Stays OSHA ETS, While Upholding CMS Vaccine Mandate

Ward and Smith, P.A. on

On January 13, 2022, in a 6-3 per curiam opinion in NFIB v. OSHA­, the United States Supreme Court ordered the OSHA ETS be stayed pending disposition of the matter at the Sixth Circuit Court of Appeals.   Large Employer...more

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