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Legal updates on challenges to CMS vaccination mandate may cause more uncertainty

Decisions over the past few days on Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandate litigation we previously reported[BB1] earlier this month may cause more confusion. The CMS vaccination rule, which includes original compliance deadlines of early January 2022 for health care workers, is now paused in 25 states (including Ohio) and in effect for the other 25 states.

On December 15, 2021, the U.S. Court of Appeals for the Fifth Circuit partially affirmed an injunction entered by a Louisiana district court as applied to facilities in the 14 states (including Ohio) that are plaintiffs in this case.

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