We know that vaccinated staff, obviously, by extension staff that are fully vaccinated with boosters, it’s going to save lives. “Cases are spiking right now in the country and in nursing homes. “There’s really good data suggesting when staff are vaccinated, that saves residents lives,” added Grabowski. It’s not that far of a stretch, Reiss added, for CMS to further regulate when there are already programs in place to prevent other infectious diseases with disciplinary measures involving licensure and staff repercussions.ĬMS’s argument will rely on the efficacy of vaccines, Grabowski said. That’s an argument that may have some validity for OSHA,” Reiss said.ĬMS, by comparison, “regulates extensively” among health care providers that participate in Medicare and Medicaid. “This is a big extension of federal power, the federal government stepping into areas it hasn’t tested before, and therefore you need specific authorization from Congress.
SCOTUS is hearing arguments in what Reiss calls the “shadow docket,” where the court makes decisions on emergency applications without full briefing and argument. “The argument that the federal government is stepping into a new and broad area without clear Congressional authorization.” “They drew to a large extent on the balance of power between the federal and state governments that should be the heart of the Supreme Court debate,” explained Reiss. Arguments also noted the absence of a notice and comment period prior to mandate implementation. Mandate arguments focus on government overreach, COVID surgeĪrguments in the lower courts – those in favor of injunctions – were centered around the extent of power CMS has to implement the mandate, Reiss said, and criticism of the mandate’s perceived arbitrary and capricious nature. They go to a conference, and then they have a majority vote.” “In theory, what happens after the hearing is the justices do not make an immediate decision. “It could be within days or it could be within months,” Reiss added. It’s unclear when a decision will be made, if at all, following Friday’s hearing, Reiss said. “We all wish 100% vaccinated today, but that’s not realistic, given just the timing of all of this, and the state-to-state variation or even the facility-to-facility variation.”ĬMS is currently reporting 79% vaccinated staff and 87.2% residents per facility, via submitted data for the week ending Dec. Having that kind of on-ramp is a nice bridge between where a lot of nursing homes are today and where they need to get to,” said David Grabowski, Harvard health policy professor and researcher.
If nursing homes meet the agency’s 80% and 90% staff vaccination rate milestones by 30 and 60 days, respectively, they effectively have 90 days to get into full compliance with the CMS mandate. 4.Ī subsequent memo from the agency gave facilities increased flexibility for operators with widely varying vaccination statistics. The CMS-issued mandate, originally only focused on nursing homes, requires any health care setting that receives Medicaid and Medicare reimbursement must have staff vaccinated original guidance requiring 100% vaccination has already passed – the deadline was Jan. “In some ways, the CMS mandate is actually the easier case for the Supreme Court, because CMS conditions stand on a long line of precedent,” Reiss added. Reiss has expertise in health care and vaccine law and policy. The company manufactures its products in the USA and makes everything tough enough to please tough people in a tough industry.Dorit Reiss, law professor at UC Hastings in San Francisco, said it would be “strange” if the Supreme Court blocks the government agency from assessing and regulating ongoing health care conditions with Congressional oversight. Minimizer has been family owned and operated for three generations.
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