22 states want the feds to repeal the COVID vaccine mandate for healthcare workers

EXCEPTIONAL – Twenty-two attorneys general are asking the Biden administration to end the “draconian vaccine mandate” for US health care providers because it is causing a critical shortage of health care workers and is justified by outdated data and science.

In a petition reviewed exclusively by Fox News Digital, 22 Republican state attorneys general, led by AG Austin Knudsen of Montana, asked the Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS) to rescind the interim final rule. or IFR, which authorized the federal mandate effective November 2021.

“The more we get into this, the more we look at, this interim final rule is just completely arbitrary and capricious,” Knudsen told Fox News Digital. “Science has never confirmed that a COVID vaccine will ever prevent transmission.”

In the nearly 40-page document, state attorneys general lay out their case for overturning the mandate, which covers Medicare and Medicaid providers and affects nearly all health care workers in the country. It affects 10.4 million workers in 76,000 healthcare facilities as well as home healthcare providers.

Montana Attorney General Austin Knudsen
(Montana DOJ, Attorney General; Dukas/Universal Images Group via Getty Images)

TENNESSEE SEN. MARSHA BLACKBURN RENEWS CALL TO PROTECT TROOPS FROM LAYING OFF FOR COVID-19 VACCINE MANDATE

“Pfizer has never tested its vaccine to see if it prevents the transmission of COVID-19,” the AGs wrote. “And when CMS issued the IFR, it didn’t know if the vaccines would prevent the transmission of COVID.”

“No evidence at this time shows conclusively that vaccines will prevent infection and transmission,” the AGs said. They added that even fully vaccinated people have become infected and transmitted COVID-19, a trend that continues even with the introduction of the first-generation booster and the new bivalent omicron booster, they said.

“But that didn’t stop CMS from hammering out the IFR’s draconian vaccine mandate,” the AGs said.

According to their submission, studies show that “mandatory vaccination of millions of healthcare workers will not significantly limit the transmission of COVID.”

A group protesting the vaccine mandate in Boston.

A group protesting the vaccine mandate in Boston.
(Craig F. Walker/The Boston Globe via Getty Images)

“Worse still, the emergency vaccine mandate has left health facilities — already struggling to maintain required staffing ratios — in dire straits, further exacerbating health sector staffing shortages, particularly in rural and border states,” the AGs noted .

“When this rule went into effect and the months leading up to this rule, that was the number one phone call and email that my office got from health care workers just horrified by it,” Knudsen told Fox News Digital.

REPUBLICAN GOVERNORS PROMISE TO FIGHT CHILDREN’S COVID VACCINATION MANDATE, DEMS SILENT

Knudsen said the mandate has had the biggest effect on nursing homes in Montana, where ten skilled nursing homes are slated to close in 2022 due to a shortage of health care workers.

“Now that the ‘pandemic is over,’ and given the likely violations of numerous statutory and constitutional rights … the Secretary and CMS should take immediate action to rescind the IFR and withdraw the state surveyor’s guidance,” the petition states.

Protesters gather at a rally against the COVID-19 vaccine mandates outside the Lincoln Memorial in Washington on January 23, 2022.

Protesters gather at a rally against the COVID-19 vaccine mandates outside the Lincoln Memorial in Washington on January 23, 2022.
(AP Photo/Patrick Semanski, File)

NEW YORK WORKERS FIRED OVER VACCINE MANDATE BLAST CITY’S REFUSAL TO COMPLY WITH COURT ORDER: ‘DESTROYING LIVES’

The AGs said CMS “co-opts the states’ surveyor team to ensure compliance” with the mandate. He issued numerous directives treating state surveyors as federal employees (the State Surveyor Directives).”

The AGs challenged the authority of Biden’s health department in authorizing the mandate, saying that in the 57-year history of the Medicare and Medicaid programs, HHS has never interpreted federal laws “to authorize an industry-wide vaccination requirement.”

They said courts “should be skeptical” of CMS’ claim that the agency can bypass congressional approval to enforce the rule.

CLICK HERE TO ADD THE FOX NEWS APP

“The very fact that CMS does not cite a clear statutory authority and instead cobbles together a hodgepodge of different statutes to support its claimed authority is perhaps the best evidence of the substantive issues violation,” the AGs argued.

Attorneys general from Louisiana, Kentucky, Tennessee, Mississippi, Arizona, Nebraska, Alabama, New Hampshire, Alaska, Ohio, Arkansas, Oklahoma, Florida, South Carolina, Indiana, Texas, Kansas, Utah and Missouri all signed the petition.

Fox News’ Daniel Wallace contributed to this report.

Leave a Comment

Your email address will not be published. Required fields are marked *