The Centers for Medicare & Medicaid Services (CMS) has issued a memo stating that it will not enforce the new rule requiring vaccination of healthcare workers in Medicare/Medicaid-certified providers and suppliers while court-ordered injunctions are in effect. The rule, published on November 4, 2021, required staff to be fully vaccinated against COVID-19 by January 4, 2022, and receive their first shot before December 6, 2021. However, recent preliminary injunctions from the United States District Courts for the Eastern District of Missouri and Western District of Louisiana have halted the implementation and enforcement of the rule. CMS has appealed these decisions and filed motions for stays of the orders. In the meantime, surveyors must not survey providers for compliance with the requirements of the Interim Final Rule. Healthcare facilities may voluntarily choose to comply with the rule, but enforcement is suspended pending future developments in the litigation.

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