Judge blocks U.S. rule on COVID-19 vaccine for health workers in 10 states – .

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Judge blocks U.S. rule on COVID-19 vaccine for health workers in 10 states – .


Nov. 29 (Reuters) – A federal judge on Monday blocked a vaccine requirement from the Biden administration in 10 states, saying the agency that issued the rule requiring healthcare workers to be vaccinated against the coronavirus likely has exceeded his authority.

U.S. District Judge Matthew Schelp’s St. Louis ruling prevents the U.S. Centers for Medicare and Medicaid Services (CMS) from enforcing their mandate to vaccinate healthcare workers until court can hear legal challenges brought by the 10 states.

In a statement, CMS said it was reviewing the decision, adding that unvaccinated healthcare workers pose a threat to patient safety.

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The move is the second legal setback for President Joe Biden, who has focused on vaccines to stop the COVID-19 pandemic, a point he stressed on Monday amid concerns about the spread of the new COVID variant. -19 Omicron. Read more

Earlier this month, a New Orleans federal appeals court blocked a broad workplace warrant that requires companies with at least 100 employees to have their staff vaccinated or tested every week. Read more

Republican state attorneys general sued the administration in early November over the CMS rule, seeking to block the requirement because they alleged it would exacerbate health worker shortages.

Schelp, who was appointed by President Donald Trump, said CMS had underestimated the “crushing” cost of its tenure and that by refusing to subject the rule to public comment, the agency had fueled the vaccine hesitation that the rule is supposed to counter.

Schelp also said the CMS rule changes the balance of power between the federal and state governments.

“Congress has not clearly authorized CMS to enact this politically and economically broad mandate, modifying federalism and pushing the boundaries, which is required by Supreme Court jurisprudence,” he wrote.

Schelp’s ruling applied in all 10 states that brought the case: Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota, and New Hampshire.

On November 4, CMS released the Interim Final Rule which it says covers more than 10 million people and applies to around 76,000 healthcare providers, including hospitals, nursing homes and nursing homes. dialysis centers.

The rule requires health facilities to require all employees, volunteers and contractors to receive a first dose of vaccine by December 6 and to be fully immunized by January 4. Providers who do not comply could lose access to Medicare and Medicaid funds.

Medicare serves people 65 years of age and over and people with disabilities. Medicaid is at the service of the poor.

In addition to the CMS rule and the workplace vaccine requirement, the Biden administration has imposed coronavirus vaccine rules on government contractors, military personnel, and federal employees, all of whom are being challenged before courts.

The courts have upheld the warrants of private employers and state governments, which have helped increase the COVID-19 vaccination rate in the United States.

The Biden administration said on Wednesday that a total of 92% of U.S. federal workers had received at least one dose of a COVID-19 vaccine.

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Reporting by Tom Hals in Wilmington, Delaware; additional reporting by Ahmed Aboulenein in Washington; Editing by Bill Berkrot

Our Standards: Thomson Reuters Trust Principles.

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