22 States Petition CMS to End COVID-19 Vaccine Mandate

Attorneys General from 22 states have petitioned the U.S. Centers for Medicare & Medicaid Services (CMS) to eliminate the COVID-19 vaccine requirement for health care workers.

CMS instituted the mandate last December, requiring that all health care personnel that enter a care setting or come into contact with patients, families or caregivers be vaccinated for COVID-19.

The rule requires 100% compliance, with providers subject to monetary penalties, potential denials of payment, or, as a last resort, termination of their participation in Medicare or Medicaid. CMS does allow exemptions for health-related or religious reasons.

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The states now contesting the rule cited health care workforce shortages and costs in their petition.

“The emergency [interim final rule (IFR)] intensified existing staffing shortages, especially in rural and frontier states. The result was a double-edged sword,” the petition said. “On one side, the IFR modestly reduced patients’ risk of contracting COVID. But on the other side, the IFR significantly limited many patients’ access to needed medical care. The IFR imposed substantial costs on patients and health care workers without any corresponding benefits.”

The states petitioned the agency under the Administrative Procedures Act, which governs the processes through which the federal government develops regulations.

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The petitioning states included Montana, Arizona, Louisiana, Tennessee, Alabama, Alaska, Arkansas, Florida, Indiana, Kansas, Kentucky, Mississippi, Missouri, Nebraska, New Hampshire, Ohio, Oklahoma, South Carolina, Texas, Utah, Virginia and Wyoming.

As of October, close to 90% of health care workers have received at least one dose of a COVID-19 vaccine, according to the U.S. Centers for Disease Control & Prevention (CDC). The CDC reported that 87.3% of health care personnel have completed the initial course or two doses. Among those, 67.1% reported having received a COVID-19 booster vaccine dose.

Globally, the COVID-19 vaccines are estimated to have saved nearly 20 million lives during the first year of distribution, according to a study published in The Lancet in September.

The rule has survived several legal challenges since it was implemented by the Biden Administration. The U.S. Supreme Court upheld the vaccine requirement in January, though it struck down a similar regulation issued by the U.S. Occupational Safety & Health Administration.

“Vaccines are proven to reduce the risk of severe disease. The prevalence of the virus and its ever-evolving variants in health care settings continues to increase the risk of staff contracting and transmitting COVID-19, putting their patients, families, and our broader communities at risk,” CMS Administrator Chiquita Brooks-LaSure said in a statement following the Supreme Court decision. “And health care staff being unable to work because of illness or exposure to COVID-19 further strains the health care system and limits patient access to safe and essential care.”