Injunction Provides Relief for Cedar County Health Department

On Nov. 29, the U.S. District Court for the Eastern District of Missouri issued a preliminary injunction against the Centers for Medicare & Medicaid Services’ (CMS) Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (the Rule). The order was entered in response to a challenge filed by 10 states, led by Missouri Attorney General Eric Schmitt. The order prevents the Dec. 5 deadline for health care workers to receive at least one dose of a COVID-19 vaccine from taking effect only in the ten states that were a party to this suit, including Missouri, and delays implementation of the rule in those states until further notice from the court.  In addition, U.S. District Judge Terry Doughty in Louisiana temporarily blocked the CMS from enforcing the Rule nationwide, extending the Rule beyond the 10 states where the CMS was already temporarily prevented from enforcing the Rule under the ruling of a federal judge in Missouri.

The Cedar County Memorial Hospital (CCMH) Board of Directors met on Dec. 1, to discuss how the injunction would affect recent decisions made by the Board, including the Nov. 17, decision to give the Cedar County Commission notice of the Board’s intent to turn responsibility for the Cedar County Health Department back to the Commission in 90 days (or quicker if possible).  This was due to CCMH’s inability to staff the Cedar County Health Department after Dec. 3, as a direct result of the Rule.  CCMH has been working closely with the Missouri Department of Health and Services to plan for continuance of some county health services during the 90-day notice period.  However, with the preliminary injunction now in place, the CCMH Board voted on Dec. 1, to suspend its policy/actions which were put into place to comply with the Rule.  This will allow CCMH staff members who have provided notices of termination of their employment due to the Rule the opportunity to rescind their notices of termination pending further action on the legal challenge.  It is important to note that there is no established end date for the preliminary injunction.  The plaintiffs will seek to make the injunction permanent; but it is likely the case will be appealed to the Eighth Circuit Court of Appeals and ultimately to the Supreme Court.

For the Cedar County Health Department, this means services will continue beyond Dec. 3, due to majority of Cedar County Health Department staff members rescinding their resignations due to the temporary injunction.  This will allow CCMH and the Commission more time to plan the details of the transition.  Should the temporary injunction be lifted prior to the end of the 90-day contract notice period ending Feb. 16, 2022, the Commission has informed CCMH they will be ready to take over responsibility for the County Health Department.

The end goal of CCMH and the Commission is to work together to assure continued public health services for county residents.  At this time, residents will not have to worry about these services ending as of Dec. 3, as was originally feared due to the Rule.  CCMH does want to make sure residents are aware this will not affect In-Home Services, which closed as of Nov. 30, as a result of insufficient staffing.

The Cedar County Health Department is located at 1317 S. Hwy. 32 in El Dorado Springs.  For more information about services provided through the health department, please call 417-876-5477.