In the words of famed legal scholar, Porky Pig, “That’s all Folks.” The OSHA mandate for employers with 100 or more employees is dead effective today. What? Really? Yes. OSHA published a notice today indicating that it is withdrawing its emergency vaccine or test mandate first published in November. Essentially, OSHA saw the writing on the ...
By: Emily H. Lineweaver
On January 14, 2022, the Department of Health and Human Services' (HHS) Secretary Xavier Becerra extended the COVID-19 public health emergency (PHE), effective January 16, 2022, for another 90 days. This comes after the American Hospital Association (AHA) urged the Secretary to do so, as we previously reported here. AHA ...
By: Meredith L. Eason
Typically filing a worker’s compensation claim is an employee’s exclusive remedy when the employee suffers an injury or illness at work. However, some states have recently been allowing employees to sue their employers under theories of negligence for serious injuries or deaths resulting from COVID-19 infections ...
This update replaces the Phase 1 and Phase 2 implementation dates in our previous blog post written January 13th for those states* identified in the January 14, 2022 CMS memorandum.
The Centers for Medicare & Medicaid Services issued a memorandum on Friday January 14th implementing extended timelines for the CMS Vaccine Mandate.
Covered ...
By: Emily H. Lineweaver
On January 11, 2022, in a letter to the Department of Health and Human Services (HHS) Secretary Xavier Becerra, the American Hospital Association (AHA) pressed the Secretary to renew the COVID-19 public health emergency (PHE) declaration for at least another 90 days. It is set to expire on January 16, 2022. If the ...
By: Emily H. Lineweaver
On January 10, 2022, the Biden-Harris Administration, through the Centers for Medicare & Medicaid Services, issued a new policy mandating private insurance companies and group health plans cover the cost of at-home, rapid COVID-19 test kits beginning January 15, 2022. The program allows insurers to set up networks ...
By: Emily H. Lineweaver
On January 13, 2022, the Supreme Court of the United States lifted the stay on the Centers for Medicare & Medicaid Services (CMS) Omnibus Health Care Staff Vaccination rule that we previously reported here. As a result, healthcare providers in the 24 states covered by the decision, including Kentucky and Indiana, must now ...
Written by: Mitzi D. Wyrick
OSHA ETS. The Supreme Court has issued a stay preventing the Occupational Safety and Health Administration (OSHA) from implementing the Emergency Temporary Standard (ETS) mandating that employers with 100 or more employees establish policies requiring their employees to be vaccinated or undergo weekly testing. ...
The Supreme Court stayed the preliminary injunction which had previously prevented enforcement of the CMS vaccine mandate from going into effect until today, January 13, 2022. In non-legal terms, the CMS Vaccine Mandate is in effect for those certain Medicare/Medicaid certified health care providers, and enforceable pending further legal ...
By: Graydon's Labor and Employment Group
Throughout the 30-page decision, the Supreme Court noted that it is likely the Secretary lacked authority to impose the OSHA mandate which is “a significant encroachment into the lives—and health—of a vast number of employees.” The Supreme Court emphasized the OSH Act empowers the Secretary ...