The Supreme Court on Thursday gave the go-ahead to the Centers for Medicare and Medicare Services (CMS) COVID-19 vaccine mandate affecting most healthcare workers.
The enforcement won on a narrow 5-4 vote and requires that all workers at federally funded healthcare facilities are vaccinated against COVID-19 but does include medical and religious exemptions. It will affect nearly 10.4 million workers across 76,000 healthcare facilities.
In another close 6-3 vote on Thursday, the court decided to block the Occupational Safety and Health Administration’s (OSHA) rule that would have mandated vaccinations or testing for U.S. businesses with at least 100 employees.
“OSHA has never before imposed such a mandate. Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID-19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here,” the conservative judges wrote in an unsigned opinion.
President Biden had already run into legal challenges against the mandates, including a preliminary injunction halting the CMS rule in December. The president said he was disappointed the Supreme Court chose to block the “commonsense” requirement but said its approval for CMS-directed shots "will save lives."
The American Hospital Association (AHA) praised the decision to lift the ban on the CMS mandate, calling the vaccines a “ray of light” for overwhelmed hospitals and health systems. AHA President Rick Pollack also noted the mandate will likely create additional staffing issues.
“Now that the Supreme Court ruling has lifted the ban on the CMS vaccine mandate, the AHA will work with the hospital field to find ways to comply that balances that requirement with the need to retain a sufficient workforce to meet the needs of their patients,” Pollack said Thursday.
The American Medical Association (AMA) took a harsher view on the court’s decision, calling out its choice to block the OSHA vaccine requirement.
“While the AMA is pleased by today’s opinion allowing the CMS interim rule requiring COVID-19 vaccines for healthcare workers to take effect, we are deeply disappointed that the Court blocked the OSHA emergency temporary standard for COVID-19 vaccination and testing for large businesses from moving forward,” AMA President Gerald E. Harmon, MD, added.
Matt joined Chicago’s TriMed team in 2018 covering all areas of health imaging after two years reporting on the hospital field. He holds a bachelor’s in English from UIC, and enjoys a good cup of coffee and an interesting documentary.