States sued for COVID-19 vaccine authorization against healthcare workers
On Wednesday, ten states sued the federal government, challenging its Authorization Let employees of medical insurance and Medicaid participating medical institutions be vaccinated against COVID-19, saying that this requirement will exacerbate labor shortages.
this litigation, Filed a lawsuit in the U.S. District Court for the Eastern District of Missouri, requesting the court to permanently stop the creation of the authorized medical insurance and Medicaid service center provisional final rule.
Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota, and New Hampshire predicted in their complaints that the authorization would disrupt the healthcare system. Especially in rural areas.
“Vaccination requirements depend on local factors and conditions. Anything that may make sense in New York City, St. Louis or Omaha, in rural communities such as Memphis, Missouri, or McCook, Nebraska, can be counterproductive and harmful,” the complaint stated. .
The lawsuit alleges that although CMS recognized labor issues in its interim final rule, it stated that unvaccinated employees can find jobs in healthcare areas not covered by the rule, such as doctors and dental clinics.
The complaint said: “This does not mean that the shortage of medical staff will disappear, but that the shortage will be further concentrated in medical institutions within the authorized scope of CMS.”
The lawsuit also disputes CMS’s decision not to allow employees to choose routine COVID-19 testing instead of vaccination or to opt out if they have previously been infected with the virus, saying it ignores personal freedom considerations and labor issues. The decision also conflicts with the relevant requirements of the Occupational Safety and Health Administration.
The states claim that the rule directly hurts them because it requires state-run medical institutions and surveyors to perform tasks, resulting in increased implementation costs.
“Again, this lawsuit is not about whether people should be vaccinated. Rather, it is about federal overuse and the use of unconstitutional authorizations by the federal government to force frontline healthcare workers to choose between vaccinations or unemployment,” the North Dakota Attorney General Wayne Stenehjem said in a statement.
The states believe that public health matters, including vaccine authorization, should be supervised by the states. They claim that CMS’s rule-making power does not allow it to impose such a wide range of authorizations that are not authorized by Congress, and that CMS’s provisions in its own rule-making justifications are insufficient. The states further argued that CMS violated laws that prevented federal agencies from controlling the choice or tenure of personnel providing medical services.
Before filing the lawsuit, legal scholars stated that CMS’s power to impose authorization was very specific. James Hodge, Director, Center for Public Health Law and Policy, Arizona State University Told Hyundai Healthcare last week CMS has a wide range of capabilities to link policy to the receipt of federal funds.
Several states, including those that sued CMS, have also Litigation against OSHA authorization.