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The U.S. Supreme Court today i.e. Jan. 13, 2022, issued opinions in the Centers for Medicare and Medicaid Services (CMS) and Occupational Safety and Health Administration (OSHA) vaccination requirement cases.
The bottom line is as follows:
- The preliminary injunctions against enforcement of the CMS interim final rule have been stayed, meaning that CMS can enforce its IFR nationwide; and
- The OSHA emergency temporary standards have been stayed, meaning they cannot be enforced.
What This Means for Long Term Care Providers
Nursing facilities and facilities that care for individuals with disabilities (ICF/IIDs) nationwide will be required to implement CMS’ rule. Assisted living providers are not included in the CMS IFR and are now not subject to a federal vaccine/testing requirement.