In an interview about a complaint filed by a 16-state coalition seeking to stop the federal COVID-19 vaccine mandate for healthcare workers, Kristin Ahr, Florida-based partner at Nelson Mullins, said the filing doesn’t raise or add legal arguments to those already submitted in the prior litigation: “In their newest filing, the plaintiff states rely heavily on the ‘factual’ claim that the delta variant – the spread of which factored largely into the basis for the agency’s rulemaking – is no longer a threat.”

In considering how providers should respond to this latest development, Ahr said, “If I were a covered provider in one of those states, I wouldn’t hold my breath that this latest pleading will somehow change the CMS deadlines or the ultimate enforceability of the healthcare worker mandate.

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