Majority of US States Again Subject to CMS Vaccine Mandate After New Court Ruling
By Andrew Donlan | December 15, 2021
On the last day of November, a nationwide injunction was issued by a federal judge in Louisiana to freeze the COVID-19 vaccine mandate from the Centers for Medicare & Medicaid Services (CMS).
On Wednesday, the 5th U.S. Circuit Court of Appeals in New Orleans ruled that the injunction should not have been applied nationwide. Instead, it should have only applied to a group of 14 states that had sued over the mandate in the first place.
Those states were: Alabama, Arizona, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Ohio, Oklahoma, South Carolina, Utah and West Virginia.
In addition to those 14 states, another group of 10 states had also previously filed a lawsuit targeting the CMS vaccine mandate, leading to a seperate injunction.
In light of Wednesday’s ruling, the CMS mandate – and potentially its compliance dates – are once again live for a majority of U.S. states. The mandate remains temporarily blocked in 24 states overall, as litigation moves forward.
“The Secretary of the Department of Health and Human Services and other federal government defendants move to stay a district court’s nationwide, preliminary injunction that bars enforcement of one of the federal COVID-19 vaccination mandates,” the decision read. “The enjoined mandate applies to the staff of many Medicare- and Medicaid-certified providers such as hospitals, long-term care facilities, home-health agencies and hospices. We deny the motion insofar as the order applies to the 14 Plaintiff States. We grant a stay as to the order’s application to any other jurisdiction.”
The original compliance deadline for health care workers in Medicare- and Medicaid-based settings was early January. Between the multiple injunctions and Wednesday’s ruling, it is unclear whether that date will still be enforced or if the deadline will be extended.
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HHS Is Releasing $9 Billion in Provider Relief Fund Payments to Support Health Care Providers Affected by the COVID-19 Pandemic
On Tuesday, the U.S. Department of Health and Human Services (HHS), through the Health Resources and Services Administration (HRSA), announced the distribution of approximately $9 billion in Provider Relief Fund (PRF) Phase 4 payments to health care providers who have experienced revenue losses and expenses related to the COVID-19 pandemic. The average payment being announced today for small providers is $58,000, for medium providers is $289,000, and for large providers is $1.7 million. More than 69,000 providers in all 50 states, Washington, D.C., and eight territories will receive Phase 4 payments. Payments will start to be made later this week.
The PRF Phase 4 payments, in addition to the $8.5 billion in American Rescue Plan (ARP) Rural payments to providers and suppliers who serve rural Medicaid, Children's Health Insurance Program (CHIP), and Medicare beneficiaries, are part of the $25.5 billion the Biden-Harris Administration is releasing to health care providers to recruit and retain staff, purchase masks and other supplies, modernize facilities, or other activities needed to respond to COVID-19...
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View a state-by-state breakdown of the Phase 4 payments
As providers agree to the terms and conditions of Phase 4 payments, it will be reflected on the public dataset.
For additional information, visit www.hrsa.gov/provider-relief. |
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COVID-19 Updates (12/09/2021)
More Lives Lost to COVID in 2021 than 2020
The New York Times reports, “More people in the United States have died from COVID-19 this year than died last year, before vaccines were available.”
Preliminary Data: Omicron Causes Milder Disease than Delta but is More Transmissible
The Washington Post reports, “World Health Organization officials said Wednesday morning that preliminary data suggest omicron presents a rapid increase in transmission but the variant causes milder cases of covid-19 than delta, which is still spreading across the globe. Although the emerging data is a cause of relief, WHO Director General Tedros Adhanom Ghebreyesus warned against drawing ‘firm conclusions,’ as he said it is ‘too early to be sure’ and more data and time is needed to have a ‘complete picture’ on the risks and impact of the variant.”
Another Federal Vaccine Mandate Blocked by Judge
WebMD reports, “A federal judge in Georgia temporarily blocked President Joe Biden's vaccine mandate for federal contractors on Tuesday, setting back the rollout of COVID-19 vaccine requirements.”
No Increased Risk of Heart Attack or Stroke in Older Adults from COVID-19 Vaccine
As reported on the Cardiovascular Business website, "COVID-19 vaccines are not associated with a heightened risk of adverse cardiovascular events among older adults, according to new research out of France. The analysis, published in JAMA, examined data from nearly 3.9 million adults 75 years old or older in France who received at least one dose of the Pfizer-BioNTech COVID-19 vaccine and 3.2 million who had received both doses." |
Senate Joins House to Avert Medicare Cuts to Providers
On Thursday evening, the Senate voted 59-34 to avert looming Medicare cuts to providers, sending the legislation to President Biden's desk for signature. The bill will delay 2% cuts to Medicare rates through March 2022 and delay a separate round of 4% Medicare cuts totaling about $36 billion to 2023.
The 2% cuts are from a 2011 law that established the budget sequestration, requiring spending to be reduced across the federal government beginning in 2013. The cuts, which were paused last year in response to COVID-19, will be further delayed until April 1, after which providers will see a 1% cut until June 30, and a 2% cut thereafter until the extended expiration of sequestration (currently 2030). Health care has long advocated for the exclusion of Medicare from sequestration and will likely continue to lobby for abolishment of the law.
The 4% Medicare cuts are a result of a budget law known as PAYGO that requires increases in the deficit be offset by raising revenue or reducing spending. The American Rescue Plan Act of 2021 resulted in a larger budget deficit, triggering PAYGO spending reductions.
Other Medicare-related payment policies in the bill include the maintenance of a 3% pay bump for Part B provides through 2022 under the Medicare Physician Fee Schedule. |
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