Texas Lawsuit Against CMS Vaccine Mandate Dismissed – HC Workers Must Vaccinate Along with the Staff in the Other 49 States

Mary Madison, RN, RAC-CT, CDP 
Clinical Consultant – Briggs Healthcare

Early afternoon on Wednesday, January 19, 2022, Bloomberg Law reported this news (italics added by me):

“The Biden administration’s vaccine mandate for health workers is now enforceable across the U.S. after a federal court Wednesday dismissed a lawsuit filed by Texas, the only state that didn’t have to comply following a U.S. Supreme Court decision.

Texas requested that the U.S. District Court for the Northern District of Texas close the case in light of the Supreme Court decision that allowed the Centers for Medicare & Medicaid Services to enforce its mandate in the rest of the country.

Republican-led states challenged the mandate almost as soon as it went into effect Nov. 5. This is the first time the CMS has been able to enforce its mandate nationwide since it was halted by several federal judges in late November.

The federal court in Texas previously granted the state a preliminary injunction pending a trial on the merits of the case. The Biden administration appealed the injunction Jan. 14.

Two dozen states affected by the high court decision are required to ensure their employees are fully vaccinated by March 15. Health facilities in 25 states not involved in the litigation have until Jan. 27 for workers to get their first dose and Feb. 28 for full vaccination. The CMS hasn’t yet released guidance on the deadline for Texas facilities.

The case is Texas v. Becerra, N.D. Tex., No. 2:21-cv-00229, 1/19/22.”