Another 12 states take CMS to court over COVID-19 vaccine requirements for healthcare workers

A second coalition of states is taking the Biden administration to court over arguments that the nationwide COVID-19 vaccine requirement for healthcare workers is unlawful and threatens to dangerously worsen the industry’s labor shortage.

In a complaint filed in the U.S. District Court for the Western District of Louisiana Monroe Division on Monday, 12 red-leaning states said the Centers for Medicare & Medicaid Services (CMS) exceeded its statutory authority in issuing the upcoming requirements.

The states also argued against the swift rollout of the emergency regulation and said that the agency did not consider and analyze all relevant factors before acting.

“The Biden Administration enacted their latest unlawful overreach despite acknowledging that there are endemic staff shortages for almost all categories of employees at almost all kinds of health care providers and suppliers,” Louisiana Attorney General Jeff Landry, who is leading the effort, said in a statement. “By disregarding not only the law but also the shortages, Biden is jeopardizing the healthcare interests of countless Americans.”

CMS is requiring applicable healthcare facilities participating in Medicare and Medicaid to have a policy in place ensuring that eligible staff receive their first dose of a COVID-19 vaccine series by Dec. 5 and to have completed their series by Jan. 4, 2022.

Louisiana and its fellow states’ argument generally echoes the challenge brought against CMS’ mandate last week by another collection of 10 rural states.

RELATED: 10 rural states launch lawsuit against CMS' COVID-19 vaccine mandate for healthcare workers

Both complaints contend that the requirement ignores the constitutional powers afforded to states. They also point to the shortage of nurses and other healthcare workers as a threat to the health of their constituents, with the most recent filing additionally calling on language from a U.S. Circuit Court of Appeals that just Friday blocked the administration’s vaccination mandate for businesses with 100 or more workers.

This "one-size-fits-all sledgehammer" expressly undermines the Social Security Act’s singular focus on providing access to care,” the states wrote in Monday’s filing. “By forcing employees to choose ‘between their job(s) and their jab(s), the mandate completely ignores the unprecedented labor shortage prevailing in the healthcare sector and patient wellbeing in favor of the President’s ambition to increase societal vaccination rates.”

Alongside Louisiana, the states and attorney generals of Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah and West Virginia all signed onto the nine-count suit.

Last week’s case was headed by Missouri and Nebraska and saw support from Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota and New Hampshire.

RELATED: Healthcare workers must get first COVID shot by Dec. 5 to continue Medicare, Medicaid participation

Despite the pushback from primarily Republican-led states and lawmakers, the president and his administration have asserted that vaccination requirements for the healthcare industry, government contractors and large organizations will collectively drive new vaccinations and cut down COVID-19 case counts.

“The simple truth is that vaccination requirements are working. In fact, vaccination requirements have helped reduce the number of unvaccinated Americans ages 12 and older by almost 40%—from about 100 million in July to under 60 million now,” White House COVID-19 response coordinator Jeff Zients said last week during a press briefing. “Vaccination requirements get more people vaccinated, strengthen our economy, and help continue us on our path out of the pandemic.”

On Tuesday, word came that 34 lawsuits challenging the administration’s workplace vaccination rule for employers with at least 100 workers would be consolidated and considered by the 6th U.S. Circuit Court of Appeals. The Cincinnati appellate court was chosen randomly and has a roster of judges largely appointed by Republican presidents.