Providers in limbo after COVID-19 vaccine mandate paused
Hospitals and health systems are planning the next steps after a federal judge in Louisiana temporarily blocked a COVID-19 vaccine mandate for employees.
The mandate, subject to a preliminary injunction under a Nov. 30 ruling, could still be reinstated. The federal government has appealed the decision, and even if the court ultimately ruled to invalidate President Joe Biden’s policy, the government likely would appeal. Other courts are considering similar lawsuits. The issue could go all the way to the Supreme Court, said Laurel Cornell, a partner at the law firm Fisher Phillips.
Judge Terry Doughty of the U.S. District Court for the Western District of Louisiana issued the injunction just weeks before the Centers for Medicare and Medicaid Services was set to enforce the rule. Healthcare companies that receive Medicare and Medicaid reimbursements were required to have their workforces fully vaccinated by Jan. 4. Employers that don’t comply could lose their Medicare and Medicaid certifications.
For some hospitals and systems that didn’t require worker vaccinations on their own, the block relieves tension. At East Tennessee Children’s Hospital in Knoxville, employee vaccination increased roughly 15% after CMS announced its mandate. But about 20 workers intended to resign rather than get inoculated. The 152-bed, not-for-profit hospital is reaching out to let them know they can keep their jobs and are expected back at work, President and CEO Matt Schaefer said.
Montana hospitals are relieved that the injunction may alleviate staffing shortages, said Montana Hospital Association President and CEO Rich Rasmussen. COVID-19 vaccine mandates haven’t led to a mass exodus from the healthcare workforce to date, but have disrupted operations at a few locations around the country at a time when staffing shortages abound.
Montana is one of 12 states with new laws that directly conflict with CMS’ rule. Although federal policy generally preempts state and local laws, the mandate pause eliminates some confusion over how to comply with dueling policies.
Many Texas hospitals are carrying on as though the rule is still in force for the time being, Texas Hospital Association spokesperson Carrie Williams said.
“Our hospitals don’t want to be out of compliance with either the federal government or the state government,” Florida Hospital Association President and CEO Mary Mayhew said. Florida adopted a law allowing exemptions for workers subject to vaccine mandates beyond what CMS allows.
Still, the injunction is temporary and the Biden administration could prevail in the courts, leaving providers unsure of what comes next.
Healthcare employers should continue to act as though the vaccine rule is in force because the legal situation could rapidly change, Cornell said. If the policy were reinstituted, the deadlines would probably shift, but companies should be prepared to act quickly. she said. Companies also need to be mindful of state and local laws mandating healthcare worker vaccines, which aren’t affected by the federal lawsuits, she said.