Texas nursing homes may soon have to join the rest of the nation in complying with the Centers for Medicare & Medicaid Services’ healthcare worker COVID-19 vaccine mandate if an appeal by the administration is successful.

Many legal experts believe it ultimately will be, especially in light of Thursday’s Supreme Court ruling that brought the number of states bound by the mandate to 49. The administration filed its challenge in the U.S. District Court for the Northern District of Texas on Friday. 

The government also requested a stay of the injunction from the Fifth Circuit Court of Appeals while the case is reviewed, Bloomberg Law first reported.  

Texas providers are currently exempt from the CMS mandate since a preliminary injunction separate from the pair lifted Thursday remains in effect.

The court had set a Tuesday deadline for Texas to respond to the appeal notice.

Although the court had set a Tuesday deadline for the state to respond to the appeal notice, there was no apparent sign it had done so as of production deadline. 

The Texas Health Care Association said it will be closely watching the 5th Circuit’s actions.

“We’re waiting to see how the 5th Circuit responds,” said Kevin Warren, president and CEO of the Texas Health Care Association, to McKnight’s Long-Term Care News on Tuesday. “However, assuming the 5th Circuit follows the SCOTUS precedence, we have to be prepared for compliance and further impact on staffing concerns that currently exist.”