The Supreme Court yesterday ruled on both the OSHA vaccine or testing mandate and the CMS vaccine Mandate for healthcare workers. One is going to move forward and the other for at least right now will not.
According to Thursday’s ruling the Supreme Court says the OSHA vaccine testing mandate for companies with more than 100 employees is blocked while the case continues to play out in lower courts. The vote was 6–3 with all conservative justices being in favor.
On the flip side the justices said the CMS vaccine mandate that is for healthcare facilities that receive funding from Medicaid and Medicare can and will continue to be enforced. The vote was 5–4 with justices Roberts and Kavanaugh siding with the liberal Justices.
What does this mean? If you are a healthcare worker regardless of what state you work or live in the CMS vaccine mandate will be enforced.
On the other hand if you are a worker at a company with more than 100 employees your employer does not have to comply with the OSHA vaccine or testing mandate.
It is important to remember unless specifically stated in your states laws your employer can mandate the vaccine or for you to get tested regularly as a term of your employment.
The Supreme Court is just saying for now the federal government can’t make your employer mandate it.
Both the CMS and OSHA vaccine mandate will continue to play out in the lower courts.
