United States Supreme Court Issues Two COVID-19 Mandatory Vaccination Opinions

The United States Supreme Court has issued two decisions: 1) upholding the Centers for Medicare and Medicaid Services [CMS] novel coronavirus [COVID-19] vaccination mandate for health care workers in facilities that receive federal funding through Medicare or Medicaid -- United States Supreme Court CMS Health Care Worker Vaccination Mandate Opinion; and 2) rejecting the Occupational Safety and Health Administration [OSHA] COVID-19 vaccination mandate for large employers with 100 or more employees -- United States Supreme Court OSHA Large Employer Vaccination Mandate Opinion.  Neither of these cases mean much for New York State.  There are very few dental practices with 100 or more employees and the mandate that has been struck down would not have had much impact in New York for dental practices even if it had been upheld.  The CMS COVID-19 vaccine mandate for health care workers in facilities that receive Medicare and/or Medicaid funding that was upheld is largely irrelevant for New York because New York already required workers in institutional health care facilities (nearly all of which receive Medicare and/or Medicaid funding) to be vaccinated for COVID-19.  The CMS mandate has no effect on private dental practices whether they receive Medicaid or Medicare funding or not.  Put simply, the Court found that CMS had the authority to do what it did for health care workers, but OSHA lacked the authority to do what it did for large employers.  Neither decision changes the COVID-19 vaccine mandate situation in New York State for any private dental practices.
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