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11/30/2021

Missouri Federal Court Issues Preliminary Injunction Halting CMS IFR in 10 States

Missouri Federal Court Issues Preliminary
Injunction Halting CMS IFR in 10 States

Ohio joins 15-state lawsuit

A Federal District Court judge in the Eastern District of Missouri issued a preliminary injunction prohibiting CMS from enforcing the Interim Final Rule (IFR) pending a final trial on the merits of the challenge. The preliminary injunction, however, only applies to the following states that are part of this specific litigation: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming. We anticipate that this decision will be appealed to the 8th Circuit Court of Appeals.

Providers are also waiting for orders from the federal courts in Louisiana and Texas, where there are cases pending challenging the CMS IFR.  Last week, the federal court in the Northern District of Florida denied Florida's request for a preliminary injunction against the CMS rule. This remains a fluid situation as each case moves through the federal courts. LeadingAge is keeping members across the country informed of each step of the way, to ensure they have the information they need as soon as it is announced.

Where Ohio stands. Ohio is one of 15 states that filed a lawsuit against the Biden Administration through an effort led by Montana’s Attorney General; this case is pending in Louisiana court. We anticipate news on that front later this week. LeadingAge Ohio strongly encourages members to proceed as if the vaccination mandate will take effect as scheduled on December 5. This ensures that providers are using their time to prepare for implementation, should the Louisiana court not issue an injunction.

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Our national partner, LeadingAge, is an association of 6,000 not-for-profit organizations dedicated to expanding the world of possibilities for aging. Together, we advance policies, promote practices and conduct research that support, enable and empower people to live fully as they age.