‘Hope for the Best, Plan for the Worst’: How Providers Should Plan Around the CMS Mandate Freeze

Posted Sunday, December 5, 2021

Since CMS has been forced to freeze its mandatory vaccine mandate due to court injunctions, providers are struggling to figure out how to move forward. Most expect that this is only a delay to hammer out the details.

“I think for the near-term future, until this is worked out in the courts, the mandates are not going to apply,” Angelo Spinola, the co-chair of the home health and home care industry group at the law firm Polsinelli, told Home Health Care News. “Right now, that means that these rules will not go into effect until and unless the injunctions are lifted, and that’s not going to happen until the matter is resolved.”

“We believe it is incumbent upon providers to operate in good faith throughout to achieve compliance,” NAHC said in a statement shared with HHCN. “It remains possible that the District Court rulings will be reversed and that the original compliance deadlines will be held in place. While that outcome is not highly likely, a good faith compliance effort will be the best protection a provider can have against any enforcement action. Should the administration take steps to directly suspend implementation and enforcement of the rule pending the outcome of the litigation, providers can then suspend efforts to comply with the CMS.”

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