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. 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.”