ARTICLE
TO: FHA Member CEOs, CHROs, Government Relation Executives and General Counsel FROM: Mary C. Mayhew, President and CEO, Florida Hospital Association SUBJECT: Governor Ron DeSantis Bans Vaccine Mandates DATE: November 18, 2021 Members, Today as expected, Governor DeSantis signed all four bills that were introduced earlier this week during the state's second special session of the year. This includes the requirements on vaccine mandates and the public records exemption which protects the employee's medical and religious records should they file a complaint against their employer with the state. The state legislation provides for broader religious and medical exemptions than the federal CMS rule, adds exemptions for those with natural immunity, or those willing to don employer-provided PPE. Further, the state law prohibits the termination of employees who claim these exemptions, provides enforcement authority to the State Attorney General, and establishes fines for violations. The Governor—joined by members of the Florida House and Senate including Senate President Wilton Simpson and Speaker Chris Sprowls—reiterated that his intent behind the language was to protect employees from this broad overreach by the federal government. He also specifically mentioned the impact that it will have on the healthcare workforce throughout Florida and that the federal government has failed to consider that in its mandate. While there has been acknowledgment of federal preemption regarding the CMS vaccine mandate rule, comments at the press conference today and during legislative deliberations would suggest that hospitals will face enforcement action if they comply with CMS and that the issue of federal preemption will need to be resolved in the courts. Additionally, Attorney General Ashley Moody, on behalf of the state of Florida, filed a Complaint for Temporary Restraining Order in the U.S. District Court for the Northern District of Florida in Pensacola. The complaint names U.S. Department of Health and Human Services Secretary Xavier Becerra, HHS, U.S. Centers for Medicare and Medicaid Administrator Chiquita Brooks-Lasure, and CMS. The complaint demands that the court immediately enjoin and set aside the CMS vaccine rule. This makes Florida the 24th state, and the fourth lawsuit to challenge the CMS rules. The Florida complaint alleges violations of the administrative procedures act and the Constitution’s Spending Clause. FHA will provide further analysis of the recently enacted legislation, Florida’s lawsuit against the CMS rule, and the implications for all of these actions on hospitals. To date, no court has issued a stay of the CMS rule and hospitals should consider it the law until there is judicial action to the contrary. To read the lawsuit click here. Please do not hesitate to reach out with questions or concerns. Sincerely, Mary C. Mayhew President and CEO Florida Hospital Association 207-620-0072 MaryM@fha.org [[UNSUBSCRIBELINK]] from all FHA e-communications. 306 East College Avenue | Tallahassee, FL 32301 | Website