Experts say the SCOTUS vaccine ruling is rooted in authority

Tampa, Florida — The Supreme Court’s ruling on vaccines and workplace testing obligations was a bit of a headache on Thursday.

Mark Levitt, a Tampa-based employment lawyer, said the decision was left to authority.

“In the employment environment, they said OSHA reg[ulation] It wasn’t valid, but they found that registration[ulation] It was effective when it came to funding Medicare and Medicaid. “

He was talking about OSHA regulations from November, requiring private companies with more than 100 employees to require their employees to be vaccinated and tested.

Well, according to the Supreme Court’s ruling, OSHA is not authorized to give such a mission. So the court blocked it.

However, Medicare and Medicaid Centers (CMS) have similar regulations. It requires vaccines and tests for medical facility employees who receive their funds.

However, in this case, the court ruled that the CMS has the authority to do so.

“In order to continue to receive Medicare and Medicaid funding, they would have to demand it,” Levitt said.

ABC Action News contacted the Florida Hospital Association and several regional healthcare systems to find out what the second ruling meant to them.

“Today’s US Supreme Court ruling makes it clear that the Medicare & Medicaid Service Center can implement and enforce vaccination requirements for almost all employees of medical facilities participating in the Medicare and Medicaid programs.

Florida hospitals are committed to ensuring access to the care of millions of older Florida people who are dependent on Medicare. Hospitals are obliged to comply with the terms of participation in the program and must comply with this federal vaccine requirement currently endorsed by the Supreme Court. Hospitals do not want to be sandwiched between state and federal governments and may need clarification from the courts about federal preemption of Florida law. “

Mary Mayhue, President and Chief Executive Officer of the Florida Hospital Association

“We will work with lawyers to review the guidance and determine the appropriate next steps. USF Health employees working in CMS accredited facilities comply with all applicable federal and state requirements.”

Dr. Mark Moseley, Chief Clinical Officer of USF Health and Vice Dean of Clinical Issues Morsani Medical College

“Fortunately, 80% of BayCare team members are vaccinated and protected from the worst effects of COVID-19. The National Supreme Court has issued an order to suspend medical workers’ vaccination obligations in Medicare and Having lifted from the Medicade Service Center, BayCare will review the relationship between the decision and the Florida vaccination method over the next few days, affecting unvaccinated health care workers. “


As far as private citizens are concerned, Thursday’s ruling does not affect their ability to create their own vaccine obligations for their employees, Levitt says.

He added that the overall decision itself has not yet been decided.

“It’s preliminary, but it’s a precursor to what they expect to find in the end,” he said.

Experts say the SCOTUS vaccine ruling is rooted in authority

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