Update on SCOTUS and the COVID-19 Vaccine Testing MandateInsights
January 27, 2022
No, for Businesses. Yes, for Healthcare Providers
Effective January 26, the US government has formally withdrawn its vaccine and testing mandate for businesses after the Supreme Court ruled that the Occupational Safety and Health Administration (OSHA) had exceeded its authority.
The Supreme Court, in a 6-3 decision made on January 13, blocked the US government from enforcing its sweeping vaccine-or-test requirements for large private companies. Under the rule, businesses with 100 or more employees would have to ensure that their employees were fully vaccinated, or submit a negative COVID-19 test every week to enter the workplace. The rule would have covered some 80 million private-sector employees. The ruling came three days after the emergency measure for businesses started to take effect.
However, in a separate but simultaneously released 5-4 ruling, the Supreme Court has upheld a Health and Human Services (HHS) vaccine mandate among healthcare providers that take Medicare or Medicaid payments, saying that the rule falls within the authority that Congress has conferred upon the agency. This rule will cover approximately 10 million healthcare employees across the country.
In a statement, President Biden has called on states and businesses to step up and voluntarily institute vaccination requirements to protect workers, customers, and the broader community. “The Court has ruled that my administration cannot use the authority granted to it by Congress to require this measure, but that does not stop me from using my voice as President to advocate for employers to do the right thing to protect Americans’ health and economy,” Biden said.
Our company, Phase Scientific Americas, is closely monitoring national and state developments and stands ready to assist government agencies, businesses, healthcare providers, and consumers with their COVID-19 testing needs. Our flagship healthcare product, INDICAID COVID-19 Rapid Antigen Test, will launch across the United States this spring 2022 and will offer easy, affordable, and reliable antigen testing with results in as fast as 20 minutes.