Southwest Florida hospitals in 'very fluid situation' as vaccine mandate rules change day by day

When a federal judge this week issued a nationwide stay on a Biden administration requirement that health care workers get vaccinated, it complicated an already confusing legal landscape for Florida hospitals that are barred, by state law, from doing so.

While the state government has challenged the administration's vaccine mandates for large businesses and hospitals, Florida officials and hospital industry insiders had conceded that the federal rule transcended state law. A federal judge in Louisiana changed that — even if temporarily — with an order Tuesday blocking the Biden rule nationwide.

Southwest Florida hospitals that had recently announced they would enforce the vaccine requirement, which calls for employees to be partially vaccinated by Monday and fully vaccinated by Jan. 4, put those plans on hold.

Then on Thursday, the government issued new guidance, stating: "While CMS remains confident in its authority to protect the health and safety of patients in facilities certified by the Medicare and Medicaid programs, it has suspended activities related to the implementation and enforcement of this rule pending future developments in the litigation.

Accordingly, while these preliminary injunctions are in effect, surveyors must not survey providers for compliance with the requirements of the Interim Final Rule. Health care facilities, of course, may voluntarily choose to comply with the Interim Final Rule."

Mary Mayhew, president and CEO of the Florida Hospital Association, said hospitals are facing a great deal of legal complexity.

"Hospitals are trying to navigate this very complex legal situation, especially as they communicate with their employees about these various moving parts because of the ongoing legal proceedings," Mayhew said in an interview Thursday.

"So, what we're very clear about is telling hospitals that, if you're going forward with a mandate, it must be in compliance with Florida law."

The Lee County-based Lee Health hospital system had announced early in the week that it would abide by the federal rule. After the judge's stay was announced Tuesday, administrators told employees they were still moving forward with the vaccination plan until the courts settle the matter.

Then, after the new guidance was released Thursday, Lee Health suspended its vaccine requirement.

"With the announcement this afternoon that CMS will not enforce vaccination of health care workers while there are court-ordered injunctions in place prohibiting enforcement of the provision, Lee Health will suspend enforcement of its COVID-19 vaccine policy, which was developed in response to the CMS COVID-19 Vaccination rule. Until further notice, employees are not mandated to get vaccinated or file for an exemption," Mary Briggs, system director of strategic communications, said in a statement released Thursday evening.

"We appreciate the clarity that this announcement provides in this very fluid situation so we can remain focused on our mission," Briggs said.

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Sarasota Memorial Health Care System also decided to put its COVID-19 vaccination requirement on hold.

In a message Wednesday to employees, the hospital system said: "The court ruling is a temporary halt to the federal mandate. The legal challenges are ongoing. We realize these rapidly changing developments create a great deal of uncertainty for team members and the entire organization. We will continue to monitor the situation closely and notify you as quickly as possible of any future legal actions that may affect us."

In Sarasota: Sarasota Memorial Hospital updates vaccine policy, plans to comply with federal mandate despite new Florida laws

NCH Healthcare System, which operates Collier County's largest hospitals, will continue to keep its vaccine requirements in place because they comply with state law, spokesman Shawn McConnell said.

"Per the law that Governor DeSantis signed regarding the prohibition of COVID vaccine mandates, it states that exemptions, such as health or religious concerns, are allowable by employees as a reason not to get a COVID vaccine," McConnell said in an email. "NCH honors these exemptions and today, 100% of our employees have either had the full COVID vaccine series or has provided a valid exemption."

Frank Gluck is a watchdog reporter with The News-Press and the Naples Daily News. Connect with him at fgluck@news-press.com or on Twitter: @FrankGluck.

This article originally appeared on Fort Myers News-Press: Lee Health, Sarasota Memorial suspend COVID vaccine mandates for workers