Charlie Brereton Director at Montana Department of Public Health | LinkedIn
Charlie Brereton Director at Montana Department of Public Health | LinkedIn
The Department of Public Health and Human Services (DPHHS) has expressed satisfaction with a federal court's decision to issue a nationwide preliminary injunction against the implementation of the Centers for Medicare & Medicaid Services' (CMS) vaccine mandate for health care workers. The DPHHS cited concerns over legal issues and potential impacts on states like Montana.
Following this court ruling, House Bill 702 remains in effect in Montana. This law prohibits discrimination based on vaccination status, meaning health care facilities in Montana cannot mandate COVID-19 vaccinations for their staff. DPHHS Director Adam Meier stated, "DPHHS continues to encourage all eligible Montanans to talk to their trusted, personal health care provider and get vaccinated."
CMS had issued an interim final rule on November 5, 2021, mandating COVID-19 vaccinations for staff at health care facilities participating in Medicare or Medicaid programs. Staff were required to receive their first dose by December 6, 2021, with provisions for medical or religious exemptions. The State of Montana and other states challenged this rule in a lawsuit filed in the U.S. District Court for the Western District of Louisiana.
On November 30, 2021, the district court ruled that Montana and other states are likely to succeed in their lawsuit against CMS. The court found that the federal defendants might have exceeded their authority and that the rule could be contrary to law and unconstitutional.
The preliminary injunction applies nationwide except in ten states where the IFR had already been enjoined. This order prevents CMS from enforcing the rule across all healthcare providers until further notice from higher courts or resolution of the lawsuit.
Simultaneously, an emergency temporary standard issued by OSHA requiring COVID-19 vaccinations or regular testing for employees at large private businesses was stayed by the U.S. Court of Appeals for the Fifth Circuit following lawsuits challenging it. OSHA has since suspended its enforcement.
Due to these legal developments, House Bill 702 remains effective in Montana, ensuring no mandatory COVID-19 vaccination requirements can be imposed on healthcare staff there.
A Department of Labor and Industry FAQ page provides details about House Bill 702 and how individuals can file complaints related to vaccination status discrimination.
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