On Thursday, January 13, the U.S. Supreme Court released simultaneous rulings in two separate cases regarding federal vaccine mandates, blocking one and upholding another.
In its first ruling, the Court blocked enforcement of an Occupational Safety and Health Administration (OSHA) emergency temporary standard that mandated employers with 100 or more employees require their workers be vaccinated, or submit weekly negative COVID tests, in order to enter the workplace. Unvaccinated employees would also be required to wear masks indoors while working.
In the second ruling, a 5-4 majority of the Court sided with the Biden Administration in upholding a Centers for Medicare & Medicaid Services (CMS) Interim Final Rule which requires that staff at certain federally funded healthcare facilities be vaccinated against COVID-19 unless exempt for medical or religious reasons. This rule, which does not include a testing option, applies to both clinical and nonclinical staff at the applicable facilities.
In response to the Court’s ruling, CMS released further interpretive guidance on the rule on Friday, January 14.
Of note for AAO Members, private dental practices, even those that serve Medicare or Medicaid patients, are not amongst the facilities included in the CMS rule. However, the rule does apply to dentists and staff working in other Medicare or Medicaid facilities including hospitals, ambulatory centers, and other locations. More information about the CMS Interim Final Rule can be found on the Agency’s External FAQ page.
