December 15, 2021

CMS Vaccine Mandate Back On In 25 States

The 5th U.S. Circuit Court of Appeals lifted the nationwide injunction that blocked implementation of this rule in 26 states. Shortly thereafter, Texas was granted its motion for a preliminary injunction, bringing the net result to the rule being back in play in 25 states.

On December 2nd, CMS announced it would not enforce its rule “while there are court-ordered injunctions in place prohibiting enforcement of this provision.” This could be interpreted to mean they will not enforce the rule only in states where a court-ordered injunction is still in place, or they would not enforce the rule while any injunction is in place anywhere.

As of this writing, CMS has posted no additional guidance on its website. If you want a listing of the 25 states, click here.