Staff reports 7:20 a.m.
Tuesday, November 30, 2021 7:21 am
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CONCORD - Governor Chris Sununu and Attorney General John Formella announced on Monday that the Centers for Medicare and Medicaid Services' (CMS) vaccine mandate for workers at healthcare facilities receiving Medicare or Medicaid funding has been preliminarily enjoined and is not enforceable in the state.
The announcement came after the U.S. District Court for the Eastern District of Missouri issued an order granting the plaintiff states' request for a preliminary injunction against the CMS vaccine mandate pending a trial on the merits or until further order of the court.
The federal government will therefore be barred from enforcing the CMS vaccine mandate against or within New Hampshire and the other nine plaintiff states until further notice.
New Hampshire earlier this month joined with the states of Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota and North Dakota to bring this action to invalidate and enjoin a rule issued by CMS that requires all workers at healthcare facilities that receive Medicare of Medicaid funding to be fully vaccinated against COVID-19.
After the Court issued its order, Gov Sununu lauded the decision.
"This is a big win for New Hampshire's health care system," said the governor said. "Nursing homes were at risk of closure if the Biden mandate remained in place. This helps maintain the staff New Hampshire needs to care for our loved ones."