“The deeper we dig into this, the more we observe, this interim final rule is absolutely arbitrary and capricious,” Knudsen told Fox News Digital. “Science has never endorsed that the COVID vaccine will ever save you from transmission. “
In the nearly 40-page document, the state’s attorneys general advocated repealing the mandate that covers Medicare and Medicaid providers and affects virtually every fitness center employee in the country. home care providers.
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“Pfizer never tested its vaccine to see if it prevents transmission of COVID-19,” the AGs wrote. “And when CMS issued the IFR, I didn’t know if vaccines would prevent COVID transmission. “
“At the time, there was no conclusive evidence that vaccines would prevent infection and transmission,” the AGs said. They added that even other fully vaccinated people contracted and transmitted COVID-19, a trend that continued even with the advent of a first vaccine. Generation booster and the new bivalent Omicron booster, they say.
“But that didn’t stop CMS from blocking IFR’s draconian vaccine mandate,” the AGs said.
According to his record, studies show that “forced vaccination of millions of healthcare personnel will particularly restrict COVID transmission. “
“Worse, the emergency vaccination mandate left gyms, already suffering from mandatory staffing ratios, in dire straits, further exacerbating staff shortages in the physical care sector, particularly in rural and border states,” the MAs said.
“When this rule went into effect, and the months leading up to this rule, the phone call and email number 1 my workplace got from the physical care staff was just terrified of this,” Knudsen told Fox News Digital.
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Knudsen said the mandate has had the biggest effect on nursing homes in Montana, where ten professional nursing homes closed in 2022 due to a shortage of physical care workers.
“Now that ‘the pandemic is over’ and given the most likely violations of the many statutory and constitutional rights. . . the secretary and CMS take immediate action to repeal the BRI and withdraw the state surveyor’s directives,” the petition reads.
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The MA said CMS “co-opted state surveyors to ensure compliance” with the mandate. It has issued several directives treating state surveyors as federal workers (the State Surveyors’ Guidelines). “
The MAs challenged the authority of Biden’s fitness arm by authorizing the court order, saying that in the 57-year history of Medicare and Medicaid programs, HHS has never interpreted the federal as “authorizing an industry-wide vaccination requirement. “
Courts “must be skeptical” of CMS’s claim that the company can circumvent congressional approval to impose the rule.
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“The very fact that CMS does not imply transparent legal authority and instead collects a hodgepodge of other laws for its purported authority is perhaps the most productive evidence of violation of key issues,” the AG argued.
Attorneys from Louisiana, Kentucky, Tennessee, Mississippi, Arizona, Nebraska, Alabama, New Hampshire, Alaska, Ohio, Arkansas, Oklahoma, Florida, South Carolina, Indiana, Texas, Kansas, Utah and Missouri signed the petition.
Danielle Wallace of Fox News contributed to this report.
Brianna Herlihy is a Fox News Digital politician.