Healthcare providers are now required to ensure that workers either are vaccinated or obtained an exemption.
Last month, I noted that the U.S. Department of Health and Human Services (HHS) had filed appeal notices in both the 8th and 5th circuits to quash injunctions imposed by those courts.
Unsurprisingly, the cases ended up in the Supreme Court. The Court, consisting of nine fully vaccinated justices, heard oral arguments on Jan. 7 regarding both the Department of Labor and the HHS injunctions.
On Jan. 13, the Court issued decisions in both cases. The recordings, transcripts, and decisions are available on the Supreme Court’s website, but I’ll cover the highlights. In the case of the Department of Labor, the Court ruled 6-3 against the government. This means that businesses with greater than 100 employees are not subject to a vaccinate-or-test requirement (for now).
More important, for this audience, is the Centers for Medicare & Medicaid Services (CMS) case. The Court found in a 5-4 decision that the imposition of a vaccine mandate for healthcare providers is within the scope of the HHS Secretary’s authority – here’s the key part – as a condition of participation in federal health programs. As the Court stated, “we agree with the Government that the Secretary’s rule falls within the authorities that Congress has conferred upon him.” The Court continued, stating that “Congress has authorized the Secretary to impose conditions on the receipt of Medicaid and Medicare funds that the Secretary finds necessary in the interest of the health and safety of individuals who are (receiving) furnished services.” This holding is crucial, because it may be an insurmountable obstacle for future challenges to vaccination requirements.
The Court’s decision answered, at least temporarily, the question of the ability of the Secretary to impose this mandate – everywhere except Texas. That’s because Texas had separately filed suit. But on Jan. 19, a federal judge in Texas dismissed that case as well. Within one day of the decision, CMS issued guidance.
So, where exactly does that leave us? As of today, Jan. 24, the vaccine mandate is in effect for all hospitals in every state, with varying dates of compliance. The decision does not change the original compliance dates. For the states covered by the Court’s Jan. 13 decision, the relevant dates are Feb. 14 and March 15, according to a Joint Commission statement. For Texas, the dates are likely Feb. 19 and March 20.
The Joint Commission has already announced that on Jan. 27, it will begin assessing compliance as a component of its survey process. One-hundred percent compliance with the regulation is required. Thus, employees must be vaccinated or be covered by a recognized exemption. There are only two good-faith efforts considered in determining the level of deficiency:
The Joint Commission will also expect very specific documentation related to vaccination, including:
This not going to get any less complicated, and the stakes are very high for hospitals.
Given the vast quantity of information published by the federal government, Medicare Administrative Contractors (MACs), consultants, and others, it can be easy to lose track
In a recent article, I described a documentation environment governed by two distinct and often competing controlling systems. The first is the regulatory framework established
Please log in to your account to comment on this article.
Uncover essential coding insights with nationally recognized coding authority Kay Piper, RHIA, CDIP, CCS. Through ICD10monitor’s interactive, on‑demand webcast series, Kay walks you through the AHA’s 2026 ICD‑10‑CM/PCS Quarterly Coding Clinics, translating each update into practical, easy‑to‑apply guidance designed to sharpen precision, ensure compliance, and strengthen day‑to‑day decision‑making. Available shortly after each official release.
Uncover critical guidance on the ICD-10-CM/PCS code updates. Kay Piper reviews and explains ICD-10-CM/PCS coding guidelines in the AHA’s fourth quarter 2026 ICD-10-CM/PCS Coding Clinic in an easy to access on-demand webcast.
Uncover critical guidance on the ICD-10-CM/PCS code updates. Kay Piper reviews and explains ICD-10-CM/PCS coding guidelines in the AHA’s third quarter 2026 ICD-10-CM/PCS Coding Clinic in an easy to access on-demand webcast.
Uncover critical guidance on the ICD-10-CM/PCS code updates. Kay Piper reviews and explains ICD-10-CM/PCS coding guidelines in the AHA’s second quarter 2026 ICD-10-CM/PCS Coding Clinic in an easy to access on-demand webcast.
Federal auditors are intensifying their focus on inpatient psychiatric facilities, using advanced data analytics to spotlight outliers and pursue high‑dollar repayments. In this high‑impact webcast, Michael Calahan, PA, MBA, Compliance Officer and V.P., Hospital & Physician Compliance, breaks down what regulators are really targeting in IPF-PPS admissions, documentation, treatment and discharge planning. Attendees will learn practical steps to tighten processes, avoid common audit triggers and protect reimbursement and reduce the risk of multimillion-dollar repayment demands.
In this timely session, Stacey Shillito, CDIP, CPMA, CCS, CCS-P, CPEDC, COPC, breaks down the complexities of Medical Decision Making (MDM) documentation so providers can confidently capture the true complexity of their care. Attendees will learn practical, efficient strategies to ensure documentation aligns with current E/M guidelines, supports accurate coding, and reduces audit risk, all without adding to charting time.
Join Ronald Hirsch, MD, FACP, CHCQM for The PEPPER Returns – Risk and Opportunity at Your Fingertips, a practical webcast that demystifies the PEPPER and shows you how to turn complex claims data into actionable insights. Dr. Hirsch will explain how to interpret key measures, identify compliance risks, uncover missed revenue opportunities, and understand new updates in the PEPPER, all to help your organization stay ahead of audits and use this powerful data proactively.
Stay ahead of the 2026-2027 audit surge with “Top 10 Audit Targets for 2026-2027 for Hospitals & Physicians: Protect Your Revenue,” a high-impact webcast led by Michael Calahan, PA, MBA. This concise session gives hospitals and physicians clear insight into the most likely federal audit targets, such as E/M services, split/shared and critical care, observation and admissions, device credits, and Two-Midnight Rule changes, and shows how to tighten documentation, coding, and internal processes to reduce denials, recoupments, and penalties. Attendees walk away with practical best practices to protect revenue, strengthen compliance, and better prepare their teams for inevitable audits.
Happy National Doctor’s Day! Learn how to get a complimentary webcast on ‘Decoding Social Admissions’ as a token of our heartfelt appreciation! Click here to learn more →
CYBER WEEK IS HERE! Don’t miss your chance to get 20% off now until Dec. 1 with code CYBER25
CYBER WEEK IS HERE! Don’t miss your chance to get 20% off now until Dec. 2 with code CYBER24
