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Twelve states yesterday filed a federal lawsuit in Louisiana challenging the Centers for Medicare & Medicaid Services’ interim final rule requiring COVID-19 vaccinations for workers in most health care settings that participate in the Medicare and Medicaid programs, including hospitals and health systems. Filed by attorneys general in Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah and West Virginia, the  claims the interim final rule exceeds CMS’ statutory authority, violates the Administrative Procedure Act and other laws, and is unconstitutional, and seeks to stop the agency from imposing the vaccine mandate. 

Ten other states last week challenged the interim final rule in federal court in Missouri, seeking to prevent the Administration from enforcing it without prior notice and comment under the APA. Under the CMS regulation, all eligible workers must be fully vaccinated by Jan. 4, 2022.