December 17, 2021
The National Law Review reported on December 15, 2021, the CMS mandated vaccination requirement applied to Medicare/Medicaid-certified care providers such as hospitals, long-term care, home health and hospices casting a level of great uncertainty in healthcare has been resurrected in some states.
Federal courts in Louisiana and Missouri halted the CMS Rule only two weeks ago in:
- Missouri v. Biden, — F. Supp. 3d —, 2021 WL 5564501 (E.D. Mo. Nov. 29, 2021)
- Louisiana v. Becerra, No. 3:21-CV-03970, 2021 WL 5609846 (W.D. La. Nov. 30, 2021)
- Louisiana enacted a US injunction across the country attempting to cover the CMS Rule for the rest of the country with only 14 states bringing the lawsuit that produced the injunction.
Access the National Law Review Article on the Brandon Mandate here
Access the National Law Review Article on Louisiana v. Becerra here
Access the Law360 article on Missouri v Biden here
Access the national law review article on the Partial Reversal Here
The Brandon administration sought to stop the injunction and the Fifth Circuit partly upheld and partly reversed the injunction. The Fifth Circuit believes the government will most probably prevail on limiting the nationwide halt to the mandates in states outside of the 14 states included in the lawsuit.
The CMS Rule mandating vaccination of all healthcare workers remains in place in the 10 states in the Missouri cause of action.
Attorney Generals in the following states have dropped the ball for their state healthcare workers and residents because the injunction is lifted requiring vaccination of all healthcare workers in these states:
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Hawaii
- Illinois
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- Oregon
- Pennsylvania
- Rhode Island
- Tennessee
- Texas
- Vermont
- Virginia
- Washington
