Sandra M. DiVarco
Subscribe to Sandra M. DiVarco's PostsSandra (Sandy) M. DiVarco focuses her practice on the representation of hospitals and health systems. She has counseled health care facility and system clients regarding all aspects of health law transactions and health system restructurings. Read Sandra DiVarco's full bio.
America’s Hospital Regulator Wasn’t Designed for a Pandemic
By Sandra M. DiVarco on Jun 14, 2022
Posted In Employee Benefits, Health and Welfare Plans
According to this Politico article, the US Centers for Medicare and Medicaid Services (CMS) has had difficulty enforcing its own COVID-19-related hospital rules. The agency often lacks the necessary resources to make sure its regulations are followed. McDermott Partner Sandra M. DiVarco said small changes—like allowing patients to wear highly protective N95 face masks—that CMS...
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Saga and Legal Challenges Continue Despite Vaccine Requirement for Healthcare Workers
By Sandra M. DiVarco on Feb 23, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
The US Supreme Court’s January ruling allowing the Centers for Medicare & Medicaid Services to enforce its COVID-19 mandate is likely to continue to face challenges. Nevertheless, in this article published by the Health Care Compliance Association, McDermott Partner Sandra DiVarco said that the Supreme Court’s decision wasn’t a surprise. “Many of [the CMS] providers...
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Supreme Court OKs CMS Vaccine Mandate but Blocks OSHA Rule
By Abigail M. Kagan, Michelle S. Strowhiro, Sandra M. DiVarco, Kristen O'Brien and Lindsay Ditlow on Jan 18, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
On January 13, 2022, the Supreme Court of the United States released two emergency opinions that change the landscape of the three federal vaccine rules. In summary: A 5-4 Court majority let the Centers for Medicare & Medicaid Services (CMS) enforce its vaccine mandate nationwide, impacting specified healthcare facilities. A 6-3 majority blocked the US...
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Federal Vaccine Mandates Are Back in Play (For Now)
By Michelle S. Strowhiro, Abigail M. Kagan and Sandra M. DiVarco on Dec 22, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
The courts continue to move the vaccine mandate goalposts on employers as dozens of legal challenges work their way through the courts. The latest developments are major game changers for employers. As of today, the US Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) vaccine-or-test rule is enforceable nationwide, and the US Centers...
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Fifth Circuit Brings Enforcement Back into the Mix: The Latest Court Moves with the CMS Vaccination Mandate
By Sandra M. DiVarco, Brian Stimson, Kristen O'Brien and McDermott Will & Emery on Dec 21, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
A flurry of litigation in federal district and appellate courts has led to an even split between states in which the COVID-19 vaccine mandate issued by the US Centers for Medicare and Medicaid Services (CMS) may be implemented and states in which such implementation has been prevented. Additional appeals are expected shortly; however, the practical...
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‘Very Fluid Situation’ as Courts Halt COVID Vaccination Rules for Healthcare Providers
By Sandra M. DiVarco on Dec 16, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans
While the fate of the Centers for Medicare & Medicaid Services’ (CMS) November 5 vaccination mandate rests in the hands of the federal courts, experts say the potential loss of healthcare employees outweighs any of the mandate’s benefits. In this Health Care Compliance Association article, McDermott Partner Sandra M. DiVarco called the situation “bonkers.” “Almost...
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UPDATE: CMS Issues COVID-19 Vaccination Interim Final Rule for Healthcare Facilities
By Sandra M. DiVarco, Gregory Fosheim, Jason Caron, Lauren Knizner and Kristen O'Brien on Dec 2, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
On November 16, 2021, 12 states—Montana, Alabama, Arizona, Georgia, Idaho, Indiana, Louisiana, Mississippi, Oklahoma, South Carolina, Utah and West Virginia—filed a complaint in the US District Court for the Western District of Louisiana requesting that the Interim Final Rule with comment period (IFR) that put in place the vaccination mandate applicable to certain covered healthcare...
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Whistleblowers, Fears of Losing Funds Key to Enforcing US Vaccine Rules
By Sandra M. DiVarco on Nov 17, 2021
Posted In Employment, Health and Welfare Plans, Labor
Even though the US Court of Appeals for the Fifth Circuit temporarily blocked the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccination rule for employers (though not for the healthcare sector), businesses should continue preparing for important OSHA deadlines. According to this Reuters article, workplace whistleblowers and fears of disappearing federal funds will likely help...
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Federal Appeals Court Temporarily Blocks New OSHA Rule
By Abigail M. Kagan, Dawn Peacock, Michelle S. Strowhiro, Sandra M. DiVarco and Kristen O'Brien on Nov 9, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
On November 6, 2021, the US Court of Appeals for the Fifth Circuit temporarily blocked the Emergency Temporary Standard (ETS) issued on November 4, 2021, by the Occupational Safety and Health Administration (OSHA) requiring employers with 100 or more employees to implement COVID-19 vaccination policies. The ETS is stayed until further notice, halting its implementation...
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OSHA and CMS Vaccination Rules Released: Here Are the Details
By Abigail M. Kagan, Dawn Peacock, Michelle S. Strowhiro, Sandra M. DiVarco and Kristen O'Brien on Nov 5, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
On November 4, 2021, the US Occupational Safety and Health Administration (OSHA) unveiled its Emergency Temporary Standard (ETS) to protect employees of large employers in all industries from COVID-19. The Centers for Medicare and Medicaid Services (CMS) simultaneously released its Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule, applicable to most Medicare- and Medicaid-certified...
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