In response to the COVID-19 pandemic, several temporary rules were enacted that govern employer-sponsored health plans. Some mandates, such as the requirement that health plans cover without cost-sharing COVID-19 diagnostic tests, apply for the duration of a designated “Public Health Emergency.” Others require group health plans to disregard, or toll, what is known as the “Outbreak Period” when…
Last month, the Supreme Court lifted the stay regarding the Centers for Medicare & Medicaid Services (“CMS”) vaccine mandate for providers participating in the Medicare and Medicaid programs to require their employees to be vaccinated against Covid-19.[1] However, several states, including West Virginia, have recently adopted statutes that interfere with employers’ ability to implement mandatory…
On January 13th, the Supreme Court issued opinions in the companion cases concerning governmental vaccine mandates. Regarding the OSHA vaccine/testing mandates for private employers with 100 employees or more, the Supreme Court, by a 6 to 3 decision, stayed the OSHA vaccine mandate. The Supreme Court held that the parties opposing the mandate were “likely to succeed on the merits of their claim…
On Friday, January 7th, 2022, the Supreme Court heard oral arguments regarding the constitutionality of OSHA’s ETS Covid Regulations for Private Businesses, as well as CMS’s Covid Vaccine Mandate. In summary:
OSHA ETS Covid Regulations: A number of the Justices asked questions and expressed concerns regarding the breadth of the OSHA regulations and whether the broad issue was one reserved for…
On November 4, 2021, the Centers for Medicare and Medicaid Services (“CMS”) issued a draft of its long-awaited interim final rule (“IFR”) regarding mandatory Covid-19 vaccinations, which is expected to be formally published in the Federal Register on November 5, 2021. CMS establishes rules for participating in Medicare and Medicaid programs. The IFR applies to certain healthcare employers that…
Last week President Biden took employers by storm and released a six-pronged, national strategy called the “Path Out of the Pandemic.” This plan requires, among other things: (1) private employers with more than 100 employees to mandate that their workers be vaccinated or undergo weekly testing; (2) federal employees and contractors to be vaccinated; and (3) vaccinations for workers in most…
On September 9, 2021, President Joe Biden issued a comprehensive, national strategy called the Path Out of the Pandemic: President Biden’s COVID-19 Action Plan to combat the COVID-19 pandemic more aggressively. The Plan outlines a six-pronged approach to increase incentives and requirements to get vaccinated. Portions of the Plan will soon require all employees working for large private entities…
On Sunday, December 27, 2020, President Trump signed the “Consolidated Appropriations Act, 2021,” (“the Act”) which includes a subtle, yet significant, amendment to the Families First Coronavirus Response Act (“FFCRA”).
To review, the FFCRA became effective on April 1, 2020, and requires employers with fewer than 500 employees to provide two types of paid leave regarding Covid-19: (1) Emergency…
After Congress adopted the Families First Coronavirus Response Act, the U.S. Department of Labor issued a temporary rule that applied to healthcare employers. Specifically, the DOL determined that all employees of certain healthcare providers could be exempted from the new Emergency Family and Medical Leave and Emergency Paid Sick Leave entitlements. The exemption applied to all employees…
Just in time for schools to reopen, the Department of Labor has released additional guidance explaining when employees are entitled to leave to care for children whose schools will remain at least partially closed due to COVID-19. The Families First Coronavirus Relief Act (“FCCRA”) provides up to 12 weeks of partially paid leave for employees to care for a child whose school has closed due to…
The Centers for Disease Control and Prevention (CDC) changed its guidance for critical infrastructure workers allowing those exposed to COVID-19 to return to work as long as they remain asymptomatic and additional precautions are implemented. Previous guidance was that exposed individuals should self-quarantine for 14 days. Below is a summary of the CDC’s new guidance:
