Ten states yesterday challenged in federal court 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 Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota, and New Hampshire, the lawsuit claims the interim final rule violates the Administrative Procedure Act and other laws, and is unconstitutional, and seeks 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.

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