More states sue CMS over vaccine mandate rule for health care workers

Nov 16, 2021 - 08:43 AM
maine-medicare-court-order

Twelve states yesterday filed a federal lawsuit in Louisiana challenging the Centers for Medicare & Medicaid Services’ interim final rule requiring COVID-19 vaccinations for workers in most health care settings that participate in the Medicare and Medicaid programs, including hospitals and health systems. Filed by attorneys general in Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah and West Virginia, the lawsuit claims the interim final rule exceeds CMS’ statutory authority, violates the Administrative Procedure Act and other laws, and is unconstitutional, and seeks to stop the agency from imposing the vaccine mandate. 

Ten other states last week challenged the interim final rule in federal court in Missouri, seeking to prevent the Administration from enforcing it without prior notice and comment under the APA. Under the CMS regulation, all eligible workers must be fully vaccinated by Jan. 4, 2022.
 

Related News Articles

Headline
AHA comments to MedPAC on differences in post-acute care use between MA, fee-for-service Medicare beneficiaries
The AHA provided comments to the Medicare Payment Advisory Commission Oct. 2 on a discussion from the commission’s September meeting on its examination of…
Headline
HHS clarifies when state Medicaid agencies can use patient SUD records to verify exemption from community engagement requirements
The Department of Health and Human Services Office for Civil Rights released new guidance on statutory and regulatory requirements under 42 CFR Part 2, which…
Headline
CMS to expand IRF claim review demonstration to all facilities billing the jurisdiction that includes Alabama, Georgia, Tennessee
The Centers for Medicare & Medicaid Services announced Sept. 25 that it will expand the Inpatient Rehabilitation Facility Review Choice Demonstration to…
Headline
CMS projects decline in MA, small increase in standalone Part D premiums for 2027 
The Centers for Medicare & Medicaid Services announced Sept. 28 that it projects declines in average premiums for Medicare Advantage and Part D in 2027.…
Headline
CMS launches outcomes-driven quality measurement initiative for states 
The Centers for Medicare & Medicaid Services Sept. 25 announced the launch of a new initiative measuring quality in Medicaid and the Children’s Health…
Headline
AHA recommends changes to CMS’ Medicaid provider tax proposed rule
The AHA commented Sept. 21 on the Centers for Medicare & Medicaid Services’ proposed rule to implement the changes to Medicaid provider tax policies that…