January 14, 2022
The U.S. Supreme Court has issued its opinions on the vaccine requirement rules adopted by CMS and OSHA
CMS Vaccine Requirement – Biden v. Missouri
The Supreme Court has lifted the previous court injunctions against the CMS rule. This means that CMS can now enforce the vaccine requirement rule that was issued in November 2021. We expect that CMS will shortly be issuing guidance regarding new effective dates for compliance, but facilities should expect that those compliance dates will have a short timeframe. Healthcare facilities subject to the rule should resume necessary steps to assure compliance with the vaccine requirement rule.
In its per curiam opinion, the Court stated that the most basic function of the Department of Health and Human Services is to “ensure that the healthcare providers who care for Medicare and Medicaid patients protect their patients’ health and safety.” The Court therefore found that DHHS has the authority to promulgate such requirements as DHHS finds necessary in the interest of the health and safety of individuals who are furnished services in facilities participating in Medicare and Medicaid. The Court further stated that “healthcare facilities that wish to participate in Medicare and Medicaid have always been obligated to satisfy a host of conditions that address the safe and effective provision of healthcare, not simply sound accounting” and that DHHS “routinely imposes conditions of participation that relate to the qualifications and duties of healthcare workers themselves.”
Justices Thomas, Alito, Gorsuch and Barrett dissented from the per curiam opinion in the CMS case.
OSHA Vaccine Requirement – National Federation of Independent Businesses v. OSHA
The Supreme Court granted a stay of the OSHA rule requiring large employers (100+ employees) to require either vaccination or regular testing of their employees. The Court found that because the OSHA rule focused on public health rather than workplace safety, the applicants were likely to succeed on the merits of their claim that OSHA lacked authority to impose such a requirement.
Justices Breyer, Sotomayor and Kagan dissented from the per curiam opinion in the OSHA case.
We will provide further information regarding CMS compliance deadlines as they become available.
Authored by Jennifer Claymon
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November 7, 2021
Reed+Claymon Best Law Firm – Health Law 2022
We are honored to announce that the Firm has been recognized as a Tier One Law Firm in Health Care Law by U.S. News & World Report. Firms included in the 2022 Edition of U.S. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a ﬁrm must first have a lawyer recognized in The Best Lawyers in America©, which recognizes 5% of lawyers practicing in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.
ABOUT “BEST LAW FIRMS”
The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in the ﬁeld, and review of additional information provided by law ﬁrms as part of the formal submission process. To be eligible for a 2022 ranking, a law ﬁrm must have at least one lawyer recognized in the 27th Edition of The Best Lawyers in America list for that particular location and specialty.
August 20, 2020
Reed+Claymon Best Lawyers 2021
We are proud to recognize the following attorneys for inclusion in the 27th edition of The Best Lawyers in America© for Health Care Law
At Reed+Claymon, we take pride in our commitment to health care law in Texas. This year, the firm honors these three attorneys as the Best Lawyers in America©
About Best Lawyers
Best Lawyers is the oldest and most respected lawyer ranking service in the world. For almost 40 years, Best Lawyers has assisted those in need of legal services to identify the lawyers best qualified to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers lists are published in leading local, regional, and national publications across the globe.
April 28, 2020
Reed, Claymon, Meeker & Hargett, PLLC Recognized in 2020 Chambers USA Guide
Reed, Claymon, Meeker & Hargett, PLLC is proud to be ranked in Healthcare by Chambers and Partners and the only firm in its category with fewer than ten lawyers. Chambers and Partners also selected three Reed Claymon attorneys for inclusion in the 2020 edition of the USA guide.
In the USA Guide, attorneys and practice areas are ranked by placement in “bands,” with Band 1 being the highest placement, as well as other designations such as “Up and Coming,” by market and practice. Reed Claymon was ranked in Band 3 with the following attorneys individually recognized: Kevin Reed (Band 1), Jennifer Claymon (Band 3), and Trent Krienke (Up and Coming).
Chambers and Partners, a UK-based publisher, has been publishing directories and ranking the best law firms and lawyers since 1990. Attorneys and practice areas selected for inclusion are based on thousands of interviews with practicing lawyers and clients by Chambers researchers. Criteria for selection include recommendations by clients, the attorney’s visibility in his or her area of law, and the volume, complexity, and size of work undertaken. Law firms of all sizes are considered by Chambers USA, from international to solo practitioners.