Current emergencies

Current emergencies

Litigation Update for CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule:

UPDATE #4: As of January 19, 2022, there are no preliminary injunctions prohibiting implementation and enforcement of Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination, 86 Fed. Reg. 61,555, 61,556 (Nov. 5, 2021).  Please refer to CMS guidance for enforcement guidelines and timelines.

UPDATE #3: Following the Supreme Court’s decision in Missouri v. Biden on January 13, 2022, implementation and enforcement of Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination, 86 Fed. Reg. 61,555, 61,556 (Nov. 5, 2021) (the “Interim Final Rule” or “IFC”), remains preliminarily enjoined only in Texas.  Medicare and Medicaid-certified providers and suppliers in Texas are not yet required to comply with the Interim Final Rule, and surveyors will not investigate compliance with the rule in facilities located in Texas, pending future developments in the litigation.  Please refer to the Interim Final Rule and CMS guidance for further detail about implementation and enforcement timelines outside of Texas, as well as what is required at each phase of implementation.

UPDATE #2: As of December 15, 2021, following decisions by the United States Court of Appeals for the Fifth, Eighth, and Eleventh Circuits and the United States District Court for the Northern District of Texas, implementation and enforcement of Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination, 86 Fed. Reg. 61,555, 61,556 (Nov. 5, 2021) (the “Interim Final Rule”), is preliminarily enjoined in the following twenty-five states: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming. Medicare- and Medicaid-certified providers and suppliers in those states are not required to comply with the Interim Final Rule, and surveyors will not investigate compliance with the rule in facilities located in those states, pending future developments in the litigation.  In the other 25 states, the District of Columbia, and the territories, as an exercise of enforcement discretion, the rule will be implemented and enforced on the following modified timeline: the deadline for Phase 1 implementation is January 27, 2022, and the deadline for Phase 2 implementation is February 28, 2022.  Please refer to the Interim Final Rule and CMS guidance for further detail about what is required at each phase of implementation. Please note that the public comment period for the Interim Final Rule will close on January 4, 2022, as originally scheduled.

UPDATE #1: On November 29, 2021, the United States District Court for the Eastern District of Missouri issued a preliminary injunction against the implementation and enforcement in ten states of Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination, 86 Fed. Reg. 61,555, 61,556 (Nov. 5, 2021).  On November 30, 2021, the United States District Court for the Western District of Louisiana issued a nationwide preliminary injunction against the implementation and enforcement of the same rule, with the exception of the ten states covered under the first preliminary injunction.  CMS has appealed both of these decisions, and has filed motions for stays of these orders.  While CMS remains confident in its authority to protect the health and safety of patients in facilities funded by the Medicare and Medicaid programs, it has suspended activities related to the implementation and enforcement of this rule pending future developments in the litigation.  Please note that the comment period is separate from the litigation.

Find information and updates about current non-COVID natural disasters, man-made incidents (including cyber-attacks), and public health emergencies. Or, find more information about ongoing or past emergencies.

 

2020-2022

Coronavirus Disease 2019

When a national emergency was declared on March 13, 2020, we took action nationwide to aggressively respond to COVID-19. 

The Public Health Service Act was used to declare a public health emergency (PHE) in the entire United States on January 31, 2020 giving us the flexibility to support our beneficiaries, effective January 27, 2020.  The PHE was renewed on April 21, 2020, July 23, 2020, October 2, 2020, January 7, 2021,  April 15, 2021, July 19, 2021,  October 15, 2021, January 7, 2022, April 12, 2022 effective April 16, 2022, and July 15, 2022.

Read our Pandemic Plan (PDF).

Get waiver & flexibility information, apply for an 1135 waiver, or find COVID-19 vaccine policies & guidance

General information & updates:

  • USA.gov has the latest information about what the U.S. Government is doing in response to COVID-19.
  • CDC.gov/coronavirus has the latest public health and safety information from CDC and for the overarching medical and health provider community on COVID-19.

Read our Coronavirus disease 2019 press releases

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07/15/2022 04:33 PM
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