A new legal challenge was filed Friday challenging the federal government’s COVID-19 vaccine mandate for health care workers. They hope to stave off the mandate that would otherwise apply to those workers in their states this month.
The U.S. Supreme Court last month decided two cases against President Joe Biden’s vaccine mandates. The nation’s highest court ruled that Biden administration officials exceeded their authority when they required large employers to institute a vaccine mandate.
However, the vaccine mandates for health care workers in facilities that receive Medicaid and Medicare funding were left in force by the Supremes.
“Congress granted authority to the health secretary to promulgate, as a condition of a health care facility’s participation in Medicare and Medicaid, requirements that he or she ‘finds necessary in the interest of the health and safety of individuals who are furnished services in the institution,'” the majority of the court stated in their ruling.
The rule, signed by Health Secretary Xavier Becerra, repeatedly references the danger the Delta virus variant poses to the unvaccinated, and says that vaccines “continue to be effective in preventing COVID-19 associated with the now-dominant Delta variant.”
Justices opined Becerra had “good cause” to impose the mandate without accepting comments, which is usually required under federal law because of his “belief that any ‘further delay’ would endanger patient health and safety given the spread of the Delta variant and the upcoming winter season”.
The lawsuit, brought by 16 states, argues that Omicron is now the dominant coronavirus Variant of Concern (VOC). The state Attorneys General believe the government’s data about vaccine effectiveness against the Delta variant does not transfer to the new VOC. Approximately 10.4 million workers fall under the vaccination requirements, which apply to every facility that receives Medicare or Medicaid funding.
The Supreme Court lifted injunctions against the health care workers mandate January 13, ruling the Department of Health and Human Services’ (HHS) Centers for Medicare & Medicaid Services (CMS) has authority to issue rules requiring vaccination.
Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming health care workers will be required to provide proof of receipt of one COVID-19 vaccine dose on Feb. 14 if the new lawsuit does not win. They must become fully vaccinated before March 15 to be considered compliant.
Texas workers have until February 22 to get their first dose. They have until March 21 to become fully vaccinated.
The deadlines are January 27 and February 28 in the other 25 states.
Scroll down to leave a comment and share your thoughts.