Biden vaccine rule for health workers blocked in 10 states


A federal judge on Monday blocked President Joe Biden’s administration from enforcing a coronavirus vaccine mandate on thousands of healthcare workers in 10 states that had brought the first legal challenge against the requirement.

The court order said that the federal Centers for Medicare & Medicaid had no clear authority from Congress to enact the vaccine mandate for providers participating in the two government healthcare programs for the elderly, disabled and poor.

States sue over COVID-19 vaccine mandate for healthcare workers

The preliminary injunction by St. Louis-based U.S. District Judge Matthew Schelp applies to a coalition of suing states that includes Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming. Similar lawsuits also are pending in other states.

The federal rule requires COVID-19 vaccinations for more than 17 million workers nationwide in about 76,000 health care facilities and home healthcare providers that get funding from the government health programs. Workers are to receive their first dose by Dec. 6 and their second shot by Jan. 4.

CMS requires COVID vaccines for healthcare staff by Jan. 4

The court order against the healthcare vaccine mandate comes after Biden’s administration suffered a similar setback for a broader policy.  A federal court previously placed a hold  on a separate rule requiring businesses with more than 100 employees to ensure their workers get vaccinated or else wear masks and get tested weekly for the coronavirus.

Biden’s administration contends federal rules supersede state policies prohibiting vaccine mandates and are essential to slowing the pandemic.

But the judge in the healthcare provider case wrote that federal officials likely overstepped their legal powers.

Not a Modern Healthcare subscriber? Sign up today.

“CMS seeks to overtake an area of traditional state authority by imposing an unprecedented demand to federally dictate the private medical decisions of millions of Americans. Such action challenges traditional notions of federalism,” Schelp wrote in his order.

Even under an exceedingly broad interpretation of federal powers, “Congress did not clearly authorize CMS to enact the this politically and economically vast, federalism-altering, and boundary-pushing mandate,” Schelp wrote.



Source link

Leave a Reply

Your email address will not be published. Required fields are marked *