How the Federal Government Can Be Expected to Defend the CMS Vaccine Mandate in the Face of Inconsistent State Laws

Legal Advisory
January 12, 2022

On Jan. 7, the U.S. Supreme Court held oral argument to consider the injunctions that
blocked the Centers for Medicare & Medicaid Services’ (CMS) rule requiring covered
facilities to ensure that their staff are vaccinated against COVID-19 (subject to medical
and religious exemptions). While it is always difficult to perfectly predict how the Court
will rule based on the oral argument, many observers have suggested that the Court
likely will allow the CMS rule to go into effect nationwide. If that is the ruling, hospitals in
states that have laws or other restrictions on vaccine mandates will need to evaluate
how to manage that conflict.

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