In early November, two sweeping COVID vaccine mandates were added to the existing government contractor vaccine mandate. For a summary of these rules and who was initially covered under each, reference the earlier article here.

In the months since, there have been multiple legal challenges and rulings that have affected all three mandates. We’ll continue to update the list of changes below as the court cases progress.

1. Government Contractor Mandate:

  • 11/30/2021: the government contractor mandate was paused in three states: KY, OH, and TN. [Source]
  • 12/7/2021: the government contractor mandate was paused nationwide. [Source]

2. CMS Mandate:

  • 11/29/2021: the CMS mandate was paused in 10 states: AK, AR, IA, KS, MI, NE, NH, ND, SD and WY. [Source] [Source]
  • 11/30/2021: the CMS mandate was paused in all states. [Source]
  • 12/2/2021: CMS issued guidance to state survey agencies instructing them not to enforce the mandate while the court cases continue. [Source]
  • 12/15/2021: the CMS mandate was revived in some states but remains paused in 24 states. The mandate is back in place for CA, CO, CT, DE, FL, HI, IL, ME, MD, MA MI, MN, NV, NM, NY, NC, OR, PA, RI, TN, TX, VT, VA, WA, WI, but CMS has not released updated guidance to state surveyors, so enforcement is likely still on hold. [Source]
  • 12/28/2021: CMS issued updated guidance to the state surveyors which essentially re-enacts the CMS mandate in the above states. Facilities in these states have until 1/28/2022 (30 days after the guidance was released) to implement policies and procedures to ensure staff are vaccinated and achieve a 100% vaccination rate, as defined by all staff having received at least one dose of a COVID-19 vaccine or a pending or approved exemption. [Source]

3. OSHA Mandate:

  • 11/12/2021: the OSHA mandate was paused by the Fifth Circuit Court of Appeals. [Source]
  • 12/17/2021: the legal pause on the OSHA mandate was removed, but OSHA is exercising enforcement discretion as it relates to the original deadlines: “To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.” [Source]

The Supreme Court has scheduled oral arguments in the cases involving the CMS and OSHA vaccine mandates for January 7, 2022, so more changes should be expected. [Source]