Federal judge partially blocks Montana law banning vaccine mandates - The Montana Standard

Health care facilities that get federal funding are for now shielded from Montana’s law prohibiting private businesses and other workplaces from mandating vaccines, under a federal injunction issued Friday.

U.S. District Judge Donald W. Molloy on Friday blocked the state from enforcing the law for “all Montana health care facilities and individual practitioners and clinics” affected by a COVID-19 vaccine requirement from the Centers for Medicaid and Medicare Services (CMS).

The Montana Medical Association, along with several other individuals and medical practices, filed the complaint against Attorney General Austin Knudsen and state Labor and Industry Commissioner Laurie Esau in Missoula federal court in September. In addition to the preliminary injunction they are also asking the judge to overturn the law as unconstitutional.

Montana’s House Bill 702, passed by GOP lawmakers in 2021 and signed into law by Republican Gov. Greg Gianforte that spring, broadly prohibits differential treatment based on vaccination status. At the time, Montana was the only state in the country to apply that prohibition to the private sector. Nearly all Democrats voted against it.

While COVID-19 vaccinations were in the spotlight as the bill was being debated last year, the language applies to mandates for all types of vaccinations. Schools are exempt, as are assisted-living facilities, if vaccination became a requirement of receiving federal funding.

Molloy’s ruling provides some legal clarity for Montana medical providers caught between competing state and federal requirements. In November, CMS issued a rule requiring facilities that get Medicare or Medicaid funding to ensure their staff are fully vaccinated against COVID-19. Failure to do so could result in the loss of Medicare and Medicaid reimbursements, which for some providers amounts to the vast majority of their revenue.

Molloy’s ruling found that the plaintiffs are likely to succeed in their attempt to permanently block the law where it is preempted by the federal government, under the U.S. Constitution’s Supremacy Clause.

After noting that two health care facilities in the state had already been found noncompliant with the federal vaccine requirements, Molloy wrote that the state law would make it “nearly impossible for facilities to demonstrate compliance during the unannounced surveys that investigate the facilities’ records and interview staff."

His order did not specify which facilities were found noncompliant.

Molloy ruled against the plaintiff’s request to block the state law on the basis that it violates their federal equal-protection rights. But he also wrote that the plaintiffs offered a better argument to protect public health, versus the state’s argument to protect individual choice and keep workers from being fired.

“Certain restraints on an individual are occasionally reasonable to promote the common good and actualize the public interest in a civil society,” Molloy wrote.

After the U.S. Supreme Court reinstated the CMS rule in January, many of Montana’s larger medical facilities indicated they would move forward with workplace vaccine mandates, despite the state law. The federal rule still faces ongoing legal challenges from coalitions of Republican-led states, including Montana.

"Today’s court decision ensures Montana health care providers and facilities can comply with the federal rule requiring COVID-19 vaccinations for workers in most health care settings and not face the potential loss of significant Medicare funding without conflicting with state law," Montana Medical Association spokesperson Lauren Lewis wrote in a statement Friday. "As physicians, we will protect what is in the best interests of our patients and look forward to the next steps of this lawsuit.”

Knudsen’s office, which is defending the state against the lawsuit, declined to say whether it would appeal the temporary injunction.

”The order does little to change status quo and is drastically narrowed from what the plaintiffs were seeking,” Knudsen spokesperson Emilee Cantrell wrote in an email Friday. “It is only in place so long as the Biden administration’s Interim Final Rule stands, which Attorney General Knudsen is continuing to challenge in federal court.”

Another ongoing challenge to Montana’s vaccine law is headed to the state Supreme Court. Earlier this month a Sidney law firm submitted its notice of appeal after a Richland County district judge ruled against its attempt to block all enforcement of the law. As of Friday afternoon, the law office had not yet filed its appeal.

source: https://mtstandard.com/news/state-and-regional/govt-and-politics/federal-judge-partially-blocks-montana-law-banning-vaccine-mandates/article_1d6d47ac-535e-56aa-bbf2-fc991ee3b23b.html

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