Daily Briefing

Around the nation: Federal judge blocks vaccine choice law for health care workers


A federal judge in Montana ruled that the choice to decline vaccinations does not outweigh safety requirements in health care settings, in today's bite-sized hospital and health industry news from Arizona, Louisiana, Minnesota, and Montana.

  • Arizona: Maricopa County Superior Court Judge John Blanchard last week temporarily blocked the enforcement of Proposition 209—a law that decreases maximum interest rate for medical debt. Blanchard signed the temporary restraining order after several plaintiffs, including the Arizona Creditors Bar Association, filed a civil lawsuit against the state. According to the plaintiffs, Proposition 209 cannot be enforced because it is too ambiguous. In addition, the plaintiffs claim that the measure violates the U.S. and Arizona constitutions. Notably, 72% of Arizona voters supported the measure in the Nov. 8 election. Rodd McLeod, a spokesperson for Proposition 209 supporters from Healthcare Rising, said the plaintiffs "need to give it a rest and accept the will of the people." (Innes, Arizona Republic, 12/9)
  • Minnesota/Louisiana: UnitedHealth Group* (UHG) and LHC Group's merger agreement has been extended to March 28, 2023, with a deal expected to close during the first quarter, according to a filing with the Securities and Exchange Commission. LHC provides in-home health care services for patients with chronic illnesses and injuries. After the deal closes, LHC will combine with UHG subsidiary Optum, which manages drug benefits and performs data analytics for over 100 health plans. The companies' announcement follows the Federal Trade Commission's (FTC) second request for information on the deal. According to LHC, the companies are in compliance with FTC requirements. (Lagasse, Healthcare Finance, 12/9)

    *Advisory Board is a subsidiary of Optum, a division of UnitedHealth Group. All Advisory Board research, expert perspectives, and recommendations remain independent.

  • Montana: U.S. District Judge Donald Molloy last week permanently overturned a law the state said was intended to prevent employers from discriminating against workers with vaccination requirements. The law was initially passed by the Montana Legislature in 2021, around the time some people, businesses, and Republican lawmakers were fighting health care measures put in place to prevent the spread of the coronavirus. Under the law, it was illegal for an individual to be denied services, goods, or employment because of their vaccination status. In September 2021, the Montana Medical Association, clinics, and immunocompromised patients filed a lawsuit against the state, which the Montana Nurses Association later joined. The law was also challenged by attorneys general from 22 states, including Montana. Ultimately, Molloy in a Dec. 9 ruling concluded that "[t]he public interest in protecting the general populace against vaccine-preventable diseases in health care settings using safe, effective vaccines is not outweighed by the hardships experienced to accomplish that interest." (AP/Modern Healthcare, 12/12)

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