10 States Sue Biden Administration over COVID-19 Vaccine Mandate for Health Care Workers

10 States Sue Biden Administration over COVID-19 Vaccine Mandate for Health Care Workers

States unite saying rights are being revoked.

According to a press release, 10 states filed a lawsuit against the Biden administration and its requirement that health care workers in the U.S. to be vaccinated against COVID-19, saying the mandate is “unconstitutional and unlawful.”

Led by Missouri Attorney General Eric Schmitt and Nebraska Attorney General Doug Peterson, the 10 states say the mandatory nationwide vaccine requirement will lead to shortages of health care workers and could threaten the jobs of "millions of health care workers" who risked their lives during the beginning stages of the pandemic. In addition to Missouri and Nebraska, attorneys general from Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota and New Hampshire also joined the lawsuit.

"Unfortunately, with this latest mandate from the Biden Administration, last year's healthcare heroes are turning into this year's unemployed. Requiring healthcare workers to get a vaccination or face termination is unconstitutional and unlawful, and could exacerbate healthcare staffing shortages to the point of collapse, especially in Missouri's rural areas," Schmitt said.

The 58-page lawsuit argues the Centers for Medicare and Medicaid Services vaccine mandate is intruding on states' police power, saying it's a violation of several acts and rights, including the Administrative Procedures Act, the Social Security Act, the Tenth Amendment and federalism.

"By ignoring the facts on the ground and unreasonably dismissing concerns about workforce short-ages, the CMS vaccine mandate jeopardizes the healthcare interests of rural Americans," the lawsuit says.

In September, President Biden unveiled a series of steps to combat the surge of COVID-19 cases in the country, announcing that 17 million health care workers at hospitals and elsewhere that receive Medicare or Medicaid funding would have to be vaccinated. Last week, CMS issued an interim final rule requiring COVID-19 vaccinations for health care workers in most settings, such as hospitals and health systems, that participate in the Medicare and Medicaid programs. The new requirements, which went into effect November 5, will apply to approximately 76,000 providers.

About the Author

Shereen Hashem is the Associate Content Editor for Occupational Health & Safety magazine.

Product Showcase

  • Safety Knives

    The Safety Knife Company has developed a quality range of safety knives for all industries. Designed so that fingers cannot get to the blades, these knives will safely cut through cardboard, tape, strapping, shrink or plastic wrap or a variety of other packing materials. Because these knives have no exposed blades and only cut cardboard deep, they will not only protect employees against lacerations but they will also save product. The Metal Detectable versions have revolutionary metal detectable polypropylene knife bodies specifically for the food and pharmaceutical industries. This material can be detected and rejected by typical detection machines and is X-ray visible. Read More

  • NoiseCHEK Personal Noise Dosimeter

    SKC NoiseCHEK is the easiest-to-use dosimeter available! Designed specifically for OEHS professionals, SKC NoiseCHEK offers the easiest operation and accurate noise measurements. Everything you need is right in your palm. Pair Bluetooth models to your mobile devices and monitor workers remotely with the SmartWave dB app without interrupting workflow. Careful design features like a locking windscreen, sturdy clip, large front-lit display, bright status LEDs, and more make NoiseCHEK the top choice in noise dosimeters. Demo NoiseCHEK at AIHA Connect Booth 1003. Read More

  • AirChek Connect Sampling Pump

    Stay connected to your sampling with the SKC AirChek® Connect Sampling Pump! With its Bluetooth connection to PC and mobile devices, you can monitor AirChek Connect pump operation without disrupting workflow. SKC designed AirChek Connect specifically for all OEHS professionals to ensure accurate, reliable flows from 5 to 5000 ml/min and extreme ease of use. AirChek Connect offers easy touch screen operation and flexibility. It is quality built to serve you and the workers you protect. Ask about special pricing and a demo at AIHA Connect Booth 1003. Read More

Featured