The health care worker vaccine mandate is now on ice.
A federal judge on Tuesday issued a preliminary injunction to stop the start of the national vaccine mandate for all providers covered by the Medicare and Medicaid Conditions of Participation (CoPs), a group that includes home health agencies. The move comes just one day after a federal court in Missouri said the health care worker vaccine mandate was “an unlawful promulgation of regulations,” halting its pending implementation in 10 largely rural states.
Announced by the U.S. Centers for Medicare & Medicaid Services (CMS) on Nov. 4, the vaccine mandate was set to kick in across the country next week. Health care workers had until early January to achieve fully vaccinated status.
Tuesday’s injunction — a temporary measure to maintain the status quo until the outcome of a case is decided — comes from Judge Terry A. Doughty of U.S. District Court for the Western District of Louisiana. It responds to another legal suit filed by 14 states.
“There is no question that mandating a vaccine to 10.3 million health care workers is something that should be done by Congress, not a government agency,” Doughty wrote in the ruling. “It is not clear that even an act of Congress mandating a vaccine would be constitutional. Certainly, CMS does not have this authority by a general authorization [statute].”
This is a developing story. Please check back later for additional updates.
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