Court narrows scope of injunction
By HME News Staff
Updated 11:51 AM CST, Mon December 20, 2021
WASHINGTON – The 5th Circuit Court of Appeals has narrowed the scope of a recent nationwide injunction blocking the implementation of a CMS interim final rule requiring a range of health care facilities to have a fully vaccinated staff by Jan. 4, AAHomecare reports. The court leaves the injunction in place in the 14 states covered in the pending lawsuit. With another suspension covering 10 other states in place per a similar ruling by a Missouri district judge, the mandate is now reinstated in 26 states, the association says. They are: California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington and Wisconsin. DMEPOS providers are not directly impacted by the mandate, but if they are providing services in covered health care facilities, they would be required to have vaccinated employees, AAHomecare notes. OSHA’s Emergency Testing Standard, which lays out vaccine requirements for entities with more than 100 or more employees, remains suspended.
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