On November 10, 2021, 10 states led by Eric S. Schmitt, the attorney general of the State of Missouri, filed a lawsuit in the U.S. District Court for the Eastern District of Missouri seeking a declaratory ruling, as well as preliminary and permanent injunctions enjoining CMS from imposing its November 5 vaccine mandate regulation (the “Mandate”). Alaska, Arkansas, Iowa, Kansas, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming are the other states in the suit. This lawsuit is similar to ones challenging OSHA ETS vaccine mandate for companies with 100 or more employees.
Employers (or third parties indirectly covered by the Mandate) should continue planning for compliance, absent further rulings from the court. For CMS purposes, key compliance dates are December 5 and January 4.