Precedent may apply in the future, industry leader notes. Don’t look for your Medicare COVID vaccination requirements to lift any time soon due to legal reasons. On Oct. 3, the U.S. Supreme Court declined to hear a legal challenge by 10 states to the COVID-19 vaccine mandate for workers in healthcare facilities, including home health and hospice agencies, that receive federal funds. The rejection comes after a flurry of legal activity when the requirement took effect in late 2021 and early 2022, ending with the high court giving a green light to the Centers for Medicare & Medicaid Services for the mandate in a Jan. 13 ruling (see HCW by AAPC, Vol. XXXI, No. 4).
“The denial of review of the CMS COVID vaccination rule by the Supreme Court is an indication as to the breadth of power that CMS has in regulating providers of care that receive federal funds,” National Association for Home Care & Hospice President William Dombi says in reaction to the decision. “While the specific case concerned the COVID vaccination requirement, CMS appears to be positioned to consider other measures that relate to the health and safety of patients, including other extended vaccination requirements,” Dombi says in the statement.