Frank C. Morris, Jr., and Christopher (Chris) S. Dunn, Members of the Firm, in the firm’s Washington, DC, and Nashville offices, were quoted in Part B News, in “CMS’ Vaccine Rules Lay Out Staff Deadlines, How to Handle Hold-Outs,” by Roy Edroso. (Read the full version – subscription required.)

Following is an excerpt:

Heed fresh guidance that CMS issued on its vaccine mandate, which the Supreme Court cleared in January. The new regulations clarify the rules for facilities and the providers, including those primarily toiling in practices, who work at them. …

Frank C. Morris Jr., a member of the Epstein Becker Green law firm in Washington, D.C., and co-chair of its Americans with Disabilities Act and public accommodations group, says while pondering this decision the facility “should consider a furlough or leave if a deadline is reached but the accommodation request has not yet been decided. Employers should consider making any leave during the consideration of an accommodation request paid, at least if the employee timely submitted the accommodation request.” …

Christopher S. Dunn, a member of the Epstein Becker Green law firm in Nashville, says the layout of the workspace may affect the compliance need. If the construction is “a new wing separate from active care or treatment areas, then the IFR might not apply,” Dunn says, “That argument would likely be strengthened if the facility creates a separate entrance reserved for construction employees only and the construction employees are barred from the cafeteria, restrooms and other parts of the existing facility.”

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