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Sarah R. Skubas is a principal in the Hartford, Connecticut, office of Jackson Lewis P.C. Her practice is focused on employment litigation, preventive counseling and labor relations.

The Biden-Harris Administration announced on May 1, 2023, that the Centers for Medicare and Medicaid Services (CMS) would soon be eliminating COVID-19 vaccination requirements for healthcare providers. On May 31, 2023, CMS issued the awaited Final Rule. The Final Rule contains two key changes:

  • Removes testing requirements issued in the September 2, 2020, Interim

The Biden-Harris Administration has announced that, at the end of the day on May 11, 2023, it will end COVID-19 vaccination requirements for federal employees, federal contractors, and international air travelers. The COVID-19 public health emergency also will end on the same day. In addition, the Administration announced that the Department of Health and Human

On December 15, 2021, the Fifth Circuit Court of Appeals granted, in part, the federal administration’s motion to stay the nationwide preliminary injunction enjoining the Centers for Medicare and Medicaid (“CMS”) from enforcing its COVID-19 vaccine mandate nationwide as to non-plaintiff states. Louisiana et al v. Becerra et al., No. 3:12-cv-03970 (W.D. La. December

Yesterday, the U.S. Supreme Court denied a request to enjoin New York State from enforcing its regulation requiring COVID-19 vaccination for healthcare workers despite the fact that the regulation did not allow for religious accommodations. The Court did not issue any written opinion or rationale but was accompanied by a 14-page dissent by Justice Gorsuch.

The U.S. District Court for the Western District of Louisiana has granted a preliminary injunction enjoining the Centers for Medicare and Medicaid (CMS) from enforcing its COVID-19 vaccine mandate nationwide. Louisiana et al. v. Becerra et al., No. 3:12-CV-03970 (W.D. La. Nov. 30, 2021). This injunction takes immediate effect. The Louisiana federal court carved

Ten states filed a lawsuit challenging CMS’ Interim Final Rule (IFR) requiring COVID-19 vaccination amongst a wide range of staff working at Medicare- and Medicaid-certified providers and suppliers. The U.S. District Court for the Eastern District of Missouri granted the states’ request for a preliminary injunction, pending a trial on the merits of the claims,

The nation’s largest healthcare groups and associations have released separate statements endorsing the position that all healthcare workers should be fully vaccinated and supporting the implementation of mandatory COVID-19 vaccination policies in hospitals and health systems nationwide.

On July 21, 2021, the American Hospital Association (“AHA”), an organization representing close to 5,000 members, released a

As more healthcare employees receive their COVID-19 vaccinations, questions about when vaccinated healthcare employees can return to work if experiencing COVID-19 symptoms continue to arise.  Coupled with ongoing staffing shortages in the industry, the need for employees to return to work when safe to do so is a pressing concern for many healthcare employers.

To

As employers in healthcare settings prepare to administer the vaccine to healthcare personnel, they are likely grappling with new practical considerations.  Undoubtedly, one of the most widespread challenges is how to manage employees with potential post-vaccination systemic signs and symptoms (“signs and symptoms”), without unnecessarily imposing work restrictions to the detriment of patient care demands. 

Surging COVID-19 cases, COVID-19 vaccination considerations and post-election impacts are just a few of the many evolving issues facing healthcare employers as we head into the end of 2020. If you missed our recent Healthcare Industry Key Trends webinar, please consider watching as our Jackson Lewis colleagues touch on many of these issues and