The United States Supreme Court (“SCOTUS”) issued its decisions on the Biden Administration’s testing and vaccination mandates earlier today. The court was divided in both cases. The court ruled 6-3 in blocking the Occupational Health and Safety Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) which required that employers with 100 or more employees require employees to get a COVID-19 vaccination or to comply with a masking and testing policy.
The court, however, ruled 5-4 in upholding mandatory vaccinations for Medicare and Medicaid providers under the Centers for Medicare and Medicaid (“CMS”) Interim Final Rule which requires most Medicare and Medicaid certified providers and suppliers to vaccinate staff members within 60 days.