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All rights reserved. A stay granted by a federal appeals court in Louisiana could signal an uphill battle for the administration in getting the entire American . The CMS vaccine mandate is not enjoined in the . The CMS mandate is a condition on federal spending, whereas the OSHA mandate is a direct regulation of workplaces. However, following the issuance of the two injunctions in Missouri and Louisiana, CMS issued an update to its vaccine mandate FAQs that included the following statement: "While CMS remains confident in its authority to protect the health and safety of patients in facilities funded by the Medicare and Medicaid programs, it has suspended . But any attempt to finalize an OSHA vaccine-or-test mandate similar to the emergency temporary standard enjoined today seems likely to be blocked, as the White House seems to have recognized. Blog: Updates on Legal Challenges to CMS and OSHA Vaccine Mandate Rule 2. GT's The Performance Review Episode 19: Is the Fight Over AB 51 5 Reasons Community Associations Need an Attorney That Specializes in New York Proposes Regulatory Review and Approval of Material Health CMS Issues Long-Awaiting Medicare Advantage RADV Final Rule, Preventing the Use of Cryptocurrencies to Evade Sanctions. Can Nonprecedential Decisions Be Relied Upon? NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. More fundamentally, the tenor of the CMS and OSHA mandate arguments were different. vaccine mandate is now enjoined only in the 10 states involved in the Missouri case and the 14 states involved in the Louisiana case. First, the Eleventh Circuit in a 2-1 order declined to impose an injunction pending appeal in Floridas challenge. As Justice Kagan put it, all [CMS] is doing here is to say the one thing you cant do is kill your patients. And Justice Kavanaugh noted that hospitals and health care facilities were not challenging the CMS mandate, suggesting they had no problem with it. Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. Her practice is focused on employment litigation, preventive counseling and labor relations. The appeals court denied the federal governments motion to accelerate the briefing schedule for its motion to lift the Fifth Circuits nationwide stay.