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BREAKING NEWS: CMS Vaccine Mandate Has Been Blocked in 10 States Pending Appeal

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  • BREAKING NEWS: CMS Vaccine Mandate Has Been Blocked in 10 States Pending Appeal

Hey Compliance Warriors!

 

Remember the CMS vaccine mandate that was issued a few weeks back for healthcare providers and employees who receive Medicare or Medicaid reimbursement?

Well, it’s being challenged. The challenge has failed in Florida, but a MS court has issued an injunction – pending appeal – on a claim filed by 10 states arguing:

 

  • Congress did not grant CMS authority to mandate the vaccine
  • CMS improperly bypassed notice and comment requirements
  • The mandate is arbitrary and capricious.

http://cdn.cnn.com/cnn/2021/images/11/29/gov.uscourts.moed.191888.28.0.pdf

 

So, the vaccine mandate no longer exists (for now) in ten states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming.

 

ALSO –  A federal judge just blocked the COVID-19 vaccine mandate for federal contractors from going into effect in **Kentucky, Ohio and Tennessee, ** saying it likely exceeded President Joe Biden’s authority over federal procurement. Stay tuned!

 

All of this is pending appeal, so stay tuned!

 

Be Audit-Secure™

 

Lisa Smith, SPHR, SHRM – SCP

Certified EEO Investigator (EEOC)

Lead Support and Content Chief – HelpDeskforHR.com

“You cannot be audit-proof, but you can Be Audit-Secure.”


 

Are you struggling with potential EEOC claims or violations?

 

How about when Big Boss is pushing back on what you KNOW needs to be done, but they just cannot seem to wrap their brains around the suggestions you are making?

 

Sometimes you need an internal investigation conducted by an UNBIASED 3rd PARTY before a claim, charge, or lawsuit is filed against the company and/or the responsible parties within.

 

I am an EEOC Certified Investigator

 

As an EEOC Certified Investigator, I have seen a lot of tough issues that employers really should have researched before making the decision to “do it the way we’ve always done it” OR “not let some employee handbook boss me around”.

 

How about the time when the accused is your friend or you have some sort of relationship with the person that could cause others to view you as biased during an investigation. Recusing yourself may be the indicated course of action in some cases.

 

Remember, sometimes even decisions resulting from only the best intentions still pave the road to… well… court! (gotcha!)

 

I am ready, willing, and able to provide these services at the same rate as my regular telephone or Zoom consultations.

 

https://secure-cart.anderecorp.com/one-on-one-consulting/

 

And, don’t forget – I am a credentialed EEO INVESTIGATOR.

 

So, when you come across issues related to discrimination or harassment and need an unbiased 3rd-party to conduct the investigation please also think of me.

 

I have been fully trained by EEOC Administrative Judges and other Investigators.

 

There is no need to dig the hole deeper by trying to do these things on your own when conflicting interests may be in play.

 

So, next time you want to pass the investigation on to a professional investigator who has no skin in the game, think of me!

 

 

Lisa Smith, SPHR, SHRM – SCP

Certified EEO Investigator (EEOC)

Lead Support and Content Chief – HelpDeskforHR.com

“You cannot be audit-proof, but you can Be Audit-Secure.”

Email support@helpdeskforHR.com to schedule a consultation.

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