Articles and Blogs

On December 28, 2021, the Centers for Medicare & Medicaid Services (“CMS”) issued Guidance for the Interim Final Rule – Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination (the “Guidance”). The Guidance provides direction to surveyors on assessing compliance with CMS’s November 5, 2021 Interim Final Rule (the “IFR”), which established COVID-19... READ MORE

The Occupational Safety and Health Administration (“OSHA”) announced on its website on December 27, 2021 that it was “withdrawing the non-recordkeeping portion” of its healthcare emergency temporary standard (“Healthcare ETS”). That rule, described in detail here, regulated most healthcare facilities with obligations that included, among other things, employee screening, the designation of a COVID-19 safety coordinator, removing employees... READ MORE

On December 23, 2021, the Department of State announced that consular officers are now authorized to waive the in-person interview for individuals applying for certain non-immigrant work visas through December 31, 2022. This applies to Persons in Specialty Occupations (H-1B visas); Trainees or Special Education Visitors (H-3 visas); Intracompany Transferees (L visas); Individuals with... READ MORE

*Editor’s Note: This article was originally published on December 21. On Wednesday evening, December 22, the U.S. Supreme Court announced it will hear appeals from decisions that may have a major impact on the enforceability of both the OSHA vaccine-or-test rule and the CMS vaccine mandate. Stay tuned for further developments.   In the... READ MORE

On November 30, 2021, a federal district court in Louisiana granted a nationwide injunction against the implementation of CMS’s Interim Final Rule requiring vaccines (“IFR”) for employees and providers at most health care facilities. The government promptly appealed that injunction. The Fifth Circuit has not yet ruled on the merits but on December 15... READ MORE

On November 30, 2021, a federal district court in Louisiana enjoined implementation of the vaccine mandate issued by the Centers for Medicare & Medicaid Services (“CMS”). The order prevents implementation of the interim final rule until the entire case is decided on its merits unless (or until) the decision is reversed by the Fifth... READ MORE

On Monday, November 29, 2021, the U.S. District Court for the Eastern District of Missouri issued a preliminary injunction prohibiting the Centers for Medicare & Medicaid Services (“CMS”) from enforcing its COVID-19 vaccine mandate on covered health care organizations. Specifically, the court ruled that CMS is not to implement or enforce its vaccine mandate... READ MORE

Update: This article was published on November 22, 2021, and it is specific to developments related to the OSHA COVID-19 vaccine mandate. Significant legal developments occurred this week with respect to the Centers for Medicare & Medicaid  Services Interim Final Rule regarding a COVID-19 vaccine mandate for covered health care facilities. Please see Hall... READ MORE

As the end of 2021 looms closer, COVID-19 still dominates the conversation as to health care, including health care real estate. And many of the pandemic-related challenges have not changed. The staffing, supply and hospital-bed shortages that health care providers and real estate developers hoped were temporary are now long-term issues that will reshape... READ MORE

On November 10, 2021, a settlement was issued in a case against the U.S. Department of Homeland Security that will now permit nonimmigrant H-4 and L-2 spouses to have automatic extensions of their Employment Authorization Documents (“EAD”) due to lengthy delays in processing by U.S. Citizenship and Immigration Services (“USCIS”). This settlement also will... READ MORE