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American Dental Education Association

Volume 2, No. 32, November 16, 2021

States and Businesses Challenge CMS and DOL COVID-19 Vaccine Mandates
 
Ten states have jointly filed a lawsuit [ [link removed] ] against the Centers for Medicare & Medicaid Services (CMS) challenging the agency’s COVID-19 vaccine mandate issued [ [link removed] ] on Nov. 5. The mandate, in the form of an interim final rule, requires health care facilities paid by Medicare and Medicaid to establish a policy ensuring workers have received at least one COVID-19 vaccine dose by Dec. 6 for them to continue to provide care or treatment. All eligible staff must be fully vaccinated by Jan. 4, 2022.
 
The lawsuit, which was brought by Missouri, Nebraska, Arkansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota, New Hampshire and Kansas in the Missouri federal district court, asserts that CMS violated the Administrative Procedure Act by failing to consider or arbitrarily rejecting important factors affecting the efficacy of a policy and thus renders the policy arbitrary and capricious. The lawsuit also notes the states’ concern over the number of possible health care worker resignations resulting from this mandate. The states are asking the court to stop the CMS COVID-19 vaccine mandate from taking effect.
 
In another COVID-19 mandate lawsuit, a group of plaintiffs—Louisiana, Texas, Mississippi and numerous private businesses—are attempting to halt the implementation of the Department of Labor’s (DOL) Nov. 5 interim final rule [ [link removed] ] . The lawsuit was filed in the Fifth Circuit. The rule mandates businesses with more than 100 employees to either require vaccinations for employees or weekly testing and the wearing of masks for unvaccinated employees. Employers must comply with most requirements (e.g., deciding whether vaccinations would be required and if so, obtaining proof of vaccinations) by Dec. 5 and must comply with testing requirements by Jan. 4, 2022.
 
The Fifth Circuit Court of Appeals issued [ [link removed] ] a ruling on Nov. 6 temporarily staying the interim final rule. The Department of Justice (DOJ) opposed the temporary stay, and on Nov. 12, the Fifth Circuit Court of Appeals once again ruled [ [link removed] ] against DOL, noting that the DOL overstepped its statutory authority when it issued the vaccine mandate. This decision halts implementation of the DOL COVID-19 vaccine mandate for states in the Fifth Circuit: Louisiana, Mississippi and Texas. The Court ruled that the DOL rule “remains stayed pending adequate judicial review of the petitioners’ underlying motions for a permanent injunction.”
 
Though there have been cases filed against the vaccine mandate in the Sixth, Eighth and 11th circuits, these courts have not yet ruled on the cases.

Presidential COVID-19 Health Equity Task Force Issues Final Report
 
The Presidential COVID-19 Health Equity Task Force (Task Force) issued its final report [ [link removed] WIP11.pdf ] last week. The Task Force was created by Executive Order by President Biden on Jan. 21 and was charged with examining and recommending actions against longstanding health inequities exacerbated by the COVID-19 pandemic.
 
The final report contained two deliverables. “The first deliverable includes four overarching suggested outcomes as the Task Force's vision for change, five proposed priority actions to spur this change, and 55 final recommendations. The second deliverable includes a proposed implementation plan and suggested accountability framework to effect change and monitor progress to advance health equity for all,” according to the report.
 
To support the Task Force’s recommendations, the Biden administration announced [ [link removed] ] funding to embed the Task Force’s recommendations in programs and initiatives government-wide.

New Jersey Governor Signs Bills That Will Impact Oral Health Practitioners
 
On Nov. 8, New Jersey Gov. Phil Murphy (D) signed a pair of bills that will impact oral health care practitioners.
 
A 5212 [ [link removed] ] permits the New Jersey State Board of Dentistry to allow dentists to administer immunizations to patients who are 18 years of age or older during a public health emergency declared pursuant to the “Emergency Health Powers Act”, provided the vaccines are intended to prevent or reduce the transmission of the disease that is the basis for the declared public health emergency.
 
A 4538 [ [link removed] ] requires dental insurers to provide credits for reduced usage during the COVID-19 pandemic. Credits issued under the bill must be issued to policyholders in good standing in an amount equivalent to the value of any reduced claims experience due to the limitations of dental services for the period between March 27, 2020, and May 26, 2020.

ADEA Advocacy in Action
This appears weekly in the ADEA Advocate to summarize and provide direct links to recent advocacy actions taken by ADEA. Please let us know what you think and how we might improve its usefulness.
 
Issues and Resources
 • Provider Relief Fund Reporting portal [ [link removed] ]
 • ADEA memo [ [link removed] ] regarding vaccines at the state level
 • ADEA report [ [link removed] ] on teledentistry
 • ADEA report [ [link removed] ] on the Impact of the COVID-19 Pandemic on U.S. Dental Schools
 • ADEA policy brief [ [link removed] ] regarding overprescription of antibiotics
 • For a full list of ADEA memos, briefs and letters click here [ [link removed] ] .

ADEA State Calendar [ [link removed] ]

ADEA Washington Calendar [ [link removed] ]

ADEA U.S. Interactive Legislative and Regulatory Tracking Map [ [link removed] ]

Key Federal Issues [ [link removed] ]

Key State Issues [ [link removed] ]

The ADEA Advocate [ [link removed] ] is published weekly. Its purpose is to keep ADEA members abreast of federal and state issues and events of interest to the academic dentistry and the dental and research communities.
 
©2021
American Dental Education Association
655 K Street, NW, Suite 800
Washington, DC 20001
202-289-7201, adea.org [ [link removed] ]

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B. Timothy Leeth, CPA
ADEA Chief Advocacy Officer
 
Bridgette DeHart, J.D.
ADEA Director of Federal Relations and Advocacy
 
Phillip Mauller, M.P.S.
ADEA Director of State Relations and Advocacy
 
Brian Robinson
ADEA Program Manager for Advocacy and Government Relations
 
[email protected] [ [link removed] ]

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