While Court Injunction Is in Place, CMS Will Not Enforce Vaccine Mandate

Two federal court rulings currently in place have created a nationwide preliminary injunction prohibiting the Centers for Medicare & Medicaid Services (CMS) and the US Department of Health and Human Services (HHS) from enforcing the recent Interim Final Rule that requires Medicare-and Medicaid providers subject to Medicare conditions of participation to have all staff vaccinated with some exceptions.

Last Thursday, December 2, CMS posted memo QSO-22-04-ALL, notifying state survey agency directors that it has suspended activities related to the implementation and enforcement of the vaccine mandate found in the Interim Final Rule as a result of the preliminary injunctions that are in effect.

Consequently, State surveyors must not survey providers for compliance with the requirements of the Interim Final Rule. Providers are still subject to State legislation that either mandates or prohibits the mandating of COVID-19 vaccination.