Hamilton Journal News

Mandate for health care workers draws state suits

- Reed Abelson

Ten states have filed a lawsuit seeking to block the Biden administra­tion’s coronaviru­s vaccine mandate for health care workers, on the heels of a court decision that temporaril­y halted the broader U.S. requiremen­t that workers of all large employers be vaccinated or undergo weekly testing.

The new suit, filed in U.S. District Court in eastern Missouri, claims that the rule issued last week by the Centers for Medicare & Medicaid Services “threatens with job loss millions of health care at health care facilities that workers who risked their receive government funding lives in the early days of the under Medicare or Medicaid. Covid-19 pandemic to care Employees of hospitals and for strangers and friends in nursing homes, along with their communitie­s.” other medical sites, would

The 10 states — Alaska, not have the option of testArkans­as, Iowa, Kansas, ing in lieu of immunizati­on. Missouri, Nebraska, New Federal officials said they Hampshire, North Dakota, could not comment on pendSouth Dakota and Wyoming ing litigation. In a statement, — also argue that the rule the Centers for Medicare & “threatens to exacerbate an Medicaid Services said that alarming shortage of health “there is no question that care workers, particular­ly staff in any health care setting in rural communitie­s, that who remain unvaccinat­ed has already reached a boilpose both direct and indirect ing point.” They say any furthreats to patient safety and ther losses will endanger population health.” patients, causing “devastatLe­gal experts said the ing adverse effects on health agency generally had the care services.” ability to establish rules gov

But the broader point erning the organizati­ons that echoes a separate lawsuit it pays to deliver care. “CMS. brought by many of the same has very broad authority to Republican-led states against regulate Medicare-certified the private-employer man- providers,” said Katrina A. date for those with 100 work- Pagonis, a lawyer specialize­rs or more, contending that ing in regulatory issues for the Occupation­al Safety and Hooper, Lundy & Bookman. Health Administra­tion does Erin J. McLaughlin, a health not have the authority to diccare lawyer for Buchanan, tate such policy. Ingersoll & Rooney, said the

In announcing the rule, rule was “essentiall­y a conthe administra­tion set a dition of participat­ion” in deadline of January for all federally funded programs. 17 million health care work- The administra­tion invoked ers to be fully vaccinated the Supremacy Clause in the

Constituti­on to pre-empt state and local laws when issuing the rule.

Biden’s call for mandates followed months of pandemic outbreaks as the Delta vari- ant threatened regions of the country, some with low vaccinatio­n rates but also oth- ers with vulnerable population­s like those in nursing homes that had just begun to recover from the devastatin­g death toll of 2020.

As cases mounted earlier this year, several med- ical societies came out in favor of strict mandates for health care workers, arguing these employees have a special obligation to keep their patients and colleagues safe. And many large, multistate hospital systems and large nursing home companies began requiring staff vaccinatio­n, although others lobbied against blanket requiremen­ts.

Many nursing homes had large numbers of workers who remained unvaccinat­ed even after Biden announced the plan to mandate immu- nizations. The administra- tion said that about 40 per- cent of all hospitals already required vaccinatio­ns.

 ?? TNS ?? Missouri Attorney General Eric Schmitt, shown in March 2021, and Kansas Attorney General Derek Schmidt are challengin­g the federal government’s mandate of COVID-19 vaccinatio­ns for most health care workers.
TNS Missouri Attorney General Eric Schmitt, shown in March 2021, and Kansas Attorney General Derek Schmidt are challengin­g the federal government’s mandate of COVID-19 vaccinatio­ns for most health care workers.
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