A mandate requiring healthcare workers to be vaccinated against COVID was blocked by a federal judge.
The United States District Court, Eastern District of Missouri, issued a preliminary injunction halting the enforcement of a vaccine mandate in 10 states, including Nebraska, that filed a lawsuit to stop the mandate issued by the Center for Medicare and Medicaid Services.
The preliminary injunction will allow healthcare workers to maintain their jobs without receiving the vaccine, and healthcare administrators to not implement the vaccination policies issued by the federal government.
“In enjoining the mandate, the court concluded that CMS did not have the authority to issue the mandate and that the mandate was arbitrary and capricious,” a press release from the Nebraska Attorney General’s office said.
Attorney General Doug Peterson said he anticipates a review from the federal government.
“This is significant for healthcare workers in Nebraska, especially rural hospitals who were facing serious impacts due to this mandate,” said Peterson. “Today’s ruling immediately prevents enforcement of the mandate. While we do anticipate the federal government will seek immediate review by the Eighth Circuit, we are confident that the analysis by the trial court will be confirmed.”
In a summary of declarations issued by the Attorney General’s Office, Box Butte General Hospital CEO Lori Mazanec was one of multiple Nebraska hospital CEOs who condemned the mandate, noting, if implemented, it would have severe implications.
“The patients served by Box Butte General Hospital will have the following negative consequences on their healthcare or the services provided by the Hospital as a result of the additional loss of Hospital employees: closure of departments, reduction of services, inability to accept patients and/or staff beds, increased wait times for services, need to access care possibly outside of state lines, dramatic increase in our inability to transfer to alternative hospitals, or even loss of services altogether,” said Mazanec. “The effects of this mandate will have ongoing ripple effects on the Hospital, its patients, remaining employees, and community for some time in the future.
“With anticipated limited service offerings, remaining employees will experience an even greater amount of burnout, ultimately risking their own health and likelihood, they, too, will leave health care,” Mazanec said. “They will be forced to work extended hours, take significant call hours and shifts, resulting in a risk in patient safety. Not to mention the burden of ensuring all those individuals the hospital contracts with are vaccinated before entering the facility.”
Mazanec noted that patients are safe at BBGH, regardless of the vaccination status of the hospital’s healthcare workers.
“The ultimate goal of the vaccine mandate, per CMS, is to keep patients safe,” said Mazanec. “Patients are and will continue to be safe in our hospital whether our team is vaccinated or not vaccinated. The current rate of eligible individuals vaccinated in the Nebraska Panhandle is 40 percent. Patients are not coming to the hospital for services and becoming ill with COVID. Patients seek care when sick with COVID and our teams provide the highest level of care and excellence with or without vaccinations. The authority for the COVID pandemic guidelines has been left with the states to govern. It should and needs to continue to remain at the state level.”