CMS Memo Confirms it will not Enforce Vaccine Mandate while it Remains Enjoined in Courts

Special Bulletin
December 2, 2021

The Centers for Medicare & Medicaid Services (CMS) today issued a memorandum confirming that it will not enforce its vaccine mandate while it remains enjoined by the Missouri and Louisiana district courts. The memorandum states that CMS has “suspended activities related to the implementation and enforcement of this rule pending future developments in the litigation.” The memorandum further directs that “while these preliminary injunctions are in effect, surveyors must not survey providers for compliance with the requirements of the” mandate. But the memorandum does not state what CMS would do when and if the preliminary injunctions are stayed, such as setting new compliance dates.

To help hospitals and health system leaders stay up-to-date on all of the legal developments related to CMS’ vaccine mandate, the AHA has developed a blog authored by Sean Marotta, a partner at Hogan Lovells and outside counsel for the AHA. Visit the blog page for posts, including new ones from today. The blog will be updated regularly as new developments occur.

Further Questions
If you have questions, please contact AHA at 800-424-4301.

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