Bradley attorney Chris Puri was quoted in McKnight’s Long-Term Care News on COVID vaccination mandates.
Puri said CMS and OSHA cases differ because the legal authority used by the federal government for each is different.
The CMS rule is an act of the spending power of government – the requirements are conditions that go along with accepting Medicaid and Medicare funding, while the OSHA rule is an exercise of the federal government’s authority to regulate for safety and welfare.
“It may be easier for the federal government to defend the vaccine mandate under its spending act authority than when acting as regulatory because the government’s response to objections will be, ‘You don’t have to participate in Medicare,’” stated Puri.
The complete article, "BREAKING (Updated): High Court grills attorneys over worker COVID vaccination mandates (live)," was published by McKnight's Long-Term Care News on January 7, 2022.