The CMS Rule Addressing COVID-19 Vaccination Requirements for Healthcare Workers

On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule (the “CMS Rule”) that applies to most healthcare entities that participate in Medicare and Medicaid programs. Subject to a few exceptions, the CMS Rule requires all individuals who work for those entities to be vaccinated against COVID-19. According to CMS, its rule takes priority above other federal vaccination requirements, including those set forth in the new OSHA Emergency Temporary Standard (“ETS”). Additionally, CMS maintains that pursuant to the Supremacy Clause of the United States Constitution, its rule preempts any state or local laws.