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CMS COVID 19 Mandate Partially Upheld in Court; UPDATE: Mandate Escalated to Supreme Court on Appeal

Updated: Dec 28, 2021

The CMS COVID 19 Vaccine Mandate, which would require workers at health care facilities participating in Medicare or Medicaid to be fully vaccinated has been operating under a nationwide injunction from Louisiana Court until just a couple of weeks ago.

Recently, the Fifth Circuit Court of Appeals issued an opinion partially upholding and partially reversing the Louisiana district court’s injunction.

Meaning, although enforcement of the CMS Rule is still halted in the 14 states that brought the lawsuit in Louisiana, and in the 10 states that are part of a separate CMS lawsuit, for everywhere else, the injunction is lifted.

As a petitioner in the Louisiana lawsuit, Ohio is one of the 24 states for whom the injunction was upheld and enforcement of the mandate remains halted.

However, now that the vaccination mandate is back “on” in 26 states, CMS has not released information on when enforcement in the non-enjoined states will start back up—if at all. You can read more here.


On December 22, 2021, the Supreme Court of the United States issued orders granting review of legal challenges to OSHA Emergency Temporary Standard as well as the CMS Vaccine Mandate. The High Court also set an accelerated timeline for the cases, scheduling oral arguments in both cases on January 7, 2022.


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