The Centers for Medicare & Medicaid Services (“CMS”) Omnibus Interim Final Rule (“Final Rule”) takes effect November 5, 2021, and with it comes the requirement that Medicare and Medicaid-certified suppliers, providers, and their staff become vaccinated for COVID-19. As this new rule becomes a new reality, it is essential that all key stakeholders involved understand:
Joan W. Feldman
Chair of Shipman’s Health Law Practice Group, Joan W. Feldman delivers strategy, perspective, experience, and business acumen to the firm’s healthcare clients. Joan couples her healthcare experience, insight and legal prowess to serve as outside counsel or general counsel to hospitals, health systems, academic medical centers; specialty hospitals, home health agencies, hospice, behavioral health, and substance use disorder providers; DME providers; clinical laboratories; and life sciences companies.
Long-Term Care Facilities Must Order Staff to Get COVID-19 Vaccine or Face Significant Fines
On August 6, 2021, Acting Governor Susan Bysiewicz issued Executive Order 13B (the “Order”) requiring long-term care facilities to mandate staff members with “direct access” (i.e., physical access) to patients or residents be vaccinated against COVID-19. The Order applies to long-term care facilities, which is defined to include nursing homes, residential care homes, assisted living…
U.S. Supreme Court Decision Impacts Arbitration Clauses
This week, the U.S. Supreme Court unanimously reversed an earlier Fifth Circuit Court of Appeals decision and held that courts may not decide a question of arbitrability when parties have contractually delegated that question to an arbitrator. Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272 (U.S. January 8, 2019).
While on its…