On Monday, a federal judge temporarily stopped the Biden administration’s COVID-19 vaccine mandate for health care workers at facilities which receive federal funds.
The ruling applies to the states of Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming.
Those states had previously filed lawsuits to permanently block the mandate that has been in effect since November 5.
U.S. District Judge Matthew Schelp seemed to lean towards the states’ argument that the mandate would lead to staffing shortages.
The scale falls clearly in favor of healthcare facilities operating with some unvaccinated employees, staff, trainees, students, volunteers and contractors, rather than the swift, irremediable impact of requiring healthcare facilities to choose between two undesirable choices — providing substandard care or providing no healthcare at all.
From Schelp’s 32-page legislative order
The judge’s decision is a temporary win for non-vaccinated workers who work at facilities sponsored by Medicaid.
When the states sued in federal court, it was argued that the mandate would impinge on states’ rights. They also said the mandate exceeded the authority of an agency of the Department of Health and Human Services that put the rule in place.
Other states are preparing to lose up to a third of staff in hospitals and other healthcare centers if workers do not follow the mandate. The Biden administration argues that the mandate will help slow the spread of COVID, especially among healthcare workers and patients.
