BREAKING NEWS: U.S. federal appeals court freezes Biden’s vaccine rule for companies
November 6, 2:30 pm (Falls Church, VA) : “A U.S. federal appeals court issued a stay Saturday freezing the Biden administration’s efforts to require workers at U.S. companies with at least 100 employees be vaccinated against COVID-19 or be tested weekly, citing “grave statutory and constitutional” issues with the rule.”
November News Update
Physicians Declaration II: Doctors and Scientists by the thousands are signing the second declaration opposing the vaccine mandates for those with natural immunity, and opposing the forced vaccination of children. To reach visit – https://doctorsandscientistsdeclaration.org/ and to watch the Ocala Summit visit: https://globalcovidsummit.org/
November 6, 2021 (Falls Church, VA) This first week has been a busy week in regards to the vaccine mandate rule making of the U.S. Federal Government. In the last week of October, legal experts reported that OSHA “OSHA lacks the legal authority to impose a vaccine mandate”.
Also in October, a group of U.S. Nuclear Lab workers sued over the vaccine mandate. In the article detailing this issue, the following was provided: “
Some employees have estimated the lab could lose anywhere from 4% to 10% of the workforce because of the mandate.
“In any organization there are people, not always recognized, who quietly make the work of others possible. Lose them, and you are in trouble,” said Greg Mello of the Los Alamos Study Group, a watchdog group that has been monitoring lab activities for years.”
On November 5, OSHA issued their vaccine mandate for large employers, available at: https://www.federalregister.gov/documents/2021/11/05/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard with comments due December 6.
The President pushed the deadline for implementation to January 4 to avoid holiday traffic snarls. https://www.washingtonexaminer.com/news/white-house/flurry-of-lawsuits-to-greet-biden-administrations-vaccine-mandate
ICA will be submitting comments.
As we reported earlier this week, the Center for Medicare and Medicaid Services (CMS) also published an interim final rule at https://www.federalregister.gov/documents/2021/11/05/2021-23831/medicare-and-medicaid-programs-omnibus-covid-19-health-care-staff-vaccination
Chiropractors and staff in private practice offices are not included in this mandate.
There is push back by 11 state governors with the President’s mandate. As soon as the Interim rule was published, Missouri, Montana, Arizona, Nebraska, Arkansas, Iowa, North Dakota, South Dakota, Alaska, New Hampshire and Wyoming, as well as private and nonprofit groups — was filed in U.S. Court of Appeals for the Eighth Circuitthey filed a lawsuit. Information on this is available at: https://www.beckershospitalreview.com/legal-regulatory-issues/11-states-sue-over-federal-vaccination-mandate-for-private-businesses.html?origin=BHRE&utm_source=BHRE&utm_medium=email&utm_content=newsletter&oly_enc_id=2726E2617390H4W
ICA continues to monitor and engage on the issues and will give you updates as we can.
The ICA stands in support of liberty and health freedom.
The COVID-19 Pandemic response activities at city, county, state/province, and federal (country) levels is a developing matter. The focus at present is reinstituting lockdowns, mask mandates, and now orders by public health departments to mandate vaccinations even outside of hospital settings.
In the United States – Cities, States and Federal Government Hop on the Mandate Train
President Biden’s Announcement: When President Joe Biden gave remarks in which he stated that all federal employees and contractors would be required to take the COVID vaccine within 75 days or face termination, the Center for Medicare and Medicaid Services (CMS) posted a press release regarding the COVID vaccine mandates for CMS Fee for Services Facilities. They will be going through a rulemaking process beginning in October.
The ICA immediately engaged with CMS and obtained the following statement from a CMS Spokesperson, “CMS anticipates that the staff vaccination requirement would apply to Medicare and Medicaid-certified provider and supplier types that comply with the Medicare health and safety regulatory provisions, known as the Conditions of Participation, which includes, but is not limited to, hospitals, dialysis facilities, ambulatory surgical centers, and home health agencies...This regulation does not directly apply to physician’s offices as these are not regulated under the provider-specific Medicare health and safety regulatory provisions, generally referred to as ‘Conditions of Participation’.”
ICA Member’s Town Hall Meeting –
Thursday, September 23 at 9:00pm Eastern
ICA Board President Dr. Selina Sigafoose Jackson and Executive Director Beth Clay will lead an ICA Members Town Hall Meeting this Thursday at 9 pm Eastern. Registration is required ahead of time, so please do so immediately. We will send a reminder wtih the meeting link one hour before the meeting starts. Register in advance for this webinar:
After registering, you will receive a confirmation email containing information about joining the webinar.
KEEPING TRACK: U.S., Canada, and International Mandates & Resources
|Date||Test or Exemption Option|
|Alabama||No Mandates as of 9-20-2021|
|Alaska||No Mandates as of 9-20-2021|
|Arizona||Mandates banned by government – however healthcare institutions can mandate ||Employers to provide reasonable accommodation to sincerely held beliefs, practices, or observations|
|California||Chiropractors exempted from state mandate||fully by Sept 30||Medical and religious exemption|
|Colorado||State: CDPHE-licensed health care facilities |
(Not typical DC office)
Denver Mandate Includes DC offices
|1st by Sept 30|
Fully by Oct 31
1st Dose by Sept 15 & fully by Sept 30
|Medical & Religious Exemptions available at state and city order – but state also noted, that it “will not regulate or issue individual exemptions from the vaccine mandate.”|
|Connecticut||health care workers in certain settings, does not appear to cover Chiropractic offices.||Sept 27|
|Delaware||certain health facilities, does not appear to cover Chiropractic offices.|
|District of Columbia||Yes – all healthcare workers||Fully by Sept 30||religious and medical exemption|
|Florida||No Mandates as of 9-20-2021|
|Hawaii||No Mandates as of 9-20-2021|
|Idaho||No Mandates as of 9-20-2021|
|Illinois||Yes-all healthcare workers||Weekly testing – at-home or self-administered tests are not acceptable by IDPH – use a proctored site or set up screening system in offices.|
|Iowa||No Mandates as of 9-20-2021|
|Kansas||No Mandates as of 9-20-2021|
|Kentucky||No Mandates as of 9-20-2021|
|Louisiana||No Mandates as of 9-20-2021|
|Maine||Most health care workers – DC not specifically mentioned||fully by Oct 1|
|Maryland||Nursing home and hospitals only||by Sept 1||Weekly testing -and bona fide medical or religious reasons|
|Massachusetts||Nursing home mandate||first dose by Sept 1 begin enforcement Oct 10|
|Michigan||No Mandates as of 9-20-2021|
|Minnesota||No Mandates as of 9-20-2021|
|Mississippi||No Mandates as of 9-20-2021|
|Missouri||No Mandates as of 9-20-2021|
|Montana||Mandates are banned|
|Nebraska||No Mandates as of 9-20-2021|
|Nevada||Government employees in hosptials and correction facilities||Sept 7||No option to opt out with testing.|
|New Hampshire||No Mandates as of 9-20-2021|
|New Jersey||Certain state and private healthcare facilities||fully by Sept 7||testing 1-2 times per week|
|New Mexico||Mandated for close contact congregate settings||Aug 27 first date, fully by Sept 27||exemptions|
|New York||All health care workers mandated||Labor Day||Oct. 12. Fed. Judge requires New York to allow religious exemptions. https://www.reuters.com/world/us/new-york-must-allow-religious-exemptions-covid-19-vaccine-mandate-judge-rules-2021-10-12/|
Lawsuit filed by 17 medical workers. Temporary restraining order issued on 9-16 because of lack of religious exemptions goes into effect on Sept 27.
Religious exemption as an alternative to vaccination.
|North Carolina||State health care workers||Sept 30||Exemption possible|
|North Dakota||Healthcare organizations exempted from state ban on mandates|
|Ohio||No Mandates as of 9-20-2021|
|Oklahoma||No Mandates as of 9-20-2021|
|Oregon||All health care workers||Weekly testing|
|Pennsylvania||State – healh care workers in state licensed high risk settings|
City of Philadelphia requiring health care workers
|State by Sept 7|
Fully by Oct 15
|State – weekly testing|
testing 2 x per week, medical and religious exemptions
|Puerto Rico||Mandated||By August 16||medical and religious exemptions|
|Rhode Island||All state licensed healthcare providers||1st dose by Oct 1|
|South Carolina||No Mandates as of 9-20-2021|
|South Dakota||No Mandates as of 9-20-2021|
|Texas||Mandates are banned|
|Utah||Partial ban on Mandates|
|Vermont||State employees mandated|
|Virginia||State workers||Sept 1||Weekly testing|
|Washington||All health care workers||fully by Oct 18||No Opt Out – weekly testing|
|West Virginia||No Mandates as of 9-20-2021|
|Wisconsin||No Mandates as of 9-20-2021|
|Wyoming||No Mandates as of 9-20-2021|
|Prince Edward Island|
|Quebec||All healthcare workers||By Oct 15.||Face suspension|
|Australia||mandatory for high-risk aged-care workers||Borders closed Australian Chiropractic Association indicates its support for the public health initiative of vaccination as an essential strategy in diminishing the burden of COVID-19. However, the ACA is also of the view that informed personal choice is a fundamental component of best practice health care, and as such do not support mandating COVID-19 vaccinations for the chiropractic profession. The ACA acknowledges that healthcare mandates are a complex issue. Chiropractors are limited to providing patient care within private practice and outside of the frontline hospital, community care, and aged-care facilities.|
|France||All health care workers||Sept||Risk not being paid|
|Hungary||mandatory for healthcare workers|
|Indonesia||Everyone mandated||Feb 2021||Indonesia announced a presidential order earlier this month stipulating anyone who refused vaccines could be denied social assistance or government services or made to pay a fine. https://www.abc.net.au/news/2021-02-19/indonesia-warns-fines-for-refusing-covid-19-vaccine-world-first/13170826|
|Italy||Health care workers mandated|
|Korea, Republic of|
|Northern Mariana Islands|
US Federal Agency Actions on COVID Mandates
|Department of Veterans Affairs (VA)||On August 13, the US Department of Veterans Affairs instituted a mandate for most Veterans Health Administration employees and volunteers and contractors who work in VHA facilities, visit VHA facilities or otherwise come into contact with VA patients and healthcare workers as part of their duties. Under the expanded mandate, employees who will need to be vaccinated include Hybrid Title 38 and Title 5 VA health care personnel —such as psychologists, pharmacists, social workers, nursing assistants, physical therapists, respiratory therapists, peer specialists, medical support assistants, engineers, housekeepers and other clinical, administrative and infrastructure support employees who come into contact with VA patients and healthcare workers.|
This expands upon the July 25th mandate.
|Center for Medicare and Medicaid Services (CMS)||September 13: CMS to mandate vaccine through a swift rulemaking to be published in October. At present Chiropractors (and other physicians) in private practice are not part of the mandate. |
CMS’s Press Release on the Presidential mandate – https://www.cms.gov/newsroom/press-releases/biden-harris-administration-expand-vaccination-requirements-health-care-settings
The Center for American Progress has published in August a page that details the options the federal government has to mandate vaccinations: “As the largest payers of health care in the United States, the Centers for Medicare and Medicaid Services (CMS) have a variety of regulatory policy tools that can support COVID-19 vaccine administration. One of the most powerful tools the Biden administration has at its disposal is the Conditions of Participation (CoPs) and Conditions for Coverage (CfCs), the federal health and safety standards that health care organizations must meet in order to participate and receive funding from the Medicare and Medicaid programs. Under Section 1861(e) of the Social Security Act, the secretary of the U.S. Department of Health and Human Services has the authority to adopt proposed CoPs that are found to be “necessary in the interest of the health and safety of the individuals who are furnished services in hospitals.” Other health care providers must similarly meet health and safety standards.”
This non government body is advocating covid vaccine mandates for all health professionals, “CMS should now update these standards to mandate that health care and LTC staff and contractors, as well as health care providers with hospital privileges, are vaccinated against COVID-19; the emergence of the delta variant, stalling vaccination rates, and the threat to patient safety posed by unvaccinated health care workers have created the need for action beyond staff education and vaccine access. It is in the public interest to increase vaccination rates without delay, and mandatory vaccinations for health care workers are of critical importance in protecting patients’ health and safety. Providers would have eight weeks from the effective date of the rule to ensure compliance, allowing the time needed for full vaccination. CMS should also evaluate whether it can impose civil monetary penalties, set to increase over time, for noncompliant organizations.”
|President Bident||September 9: President Biden issues six point plan and will mandate all federal employees and contractors to be vaccinated. https://www.foxnews.com/politics/doj-vaccine-mandates-legal|
President Joe Biden calls for all federal employees and contractors to ‘provide an attestation’ of vaccination or wear mask.
|Department of Defense||On August 25, Secretary of Defense Lloyd J. Austin III issued mandate – https://www.defense.gov/Explore/News/Article/Article/2746111/secretary-of-defense-mandates-covid-19-vaccinations-for-service-members/|
The memorandum posted at https://media.defense.gov/2021/Aug/25/2002838826/-1/-1/0/MEMORANDUM-FOR-MANDATORY-CORONAVIRUS-DISEASE-2019-VACCINATION-OF-DEPARTMENT-OF-DEFENSE-SERVICE-MEMBERS.PDF
mandates the COVID vaccine approved by the FDA to be used with timelines to be instituted by the Secretary of each branch of the military. Until any additional guidance issued, The DOD Immunization document from July 2019 is the ‘rulebook’ (in addition of course to the UCMJ. https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/620502p.pdf?ver=2019-07-23-085404-617
There are medical and administrative exemptions, but these are not detailed in the document.
Civilian contractors at military hospitals need to review their employment contract.
|US Office of Personnel Management||The Office of Personnel Management oversees all civilian employees of the Executive Branch of the US Government. No mandate has been posted. The link that follows is a webpage with all of their guidance to agencies to date related to COVID. ttps://www.opm.gov/policy-data-oversight/covid-19/|
|US Department of Health (HHS)||Public Health Service Commission Corps members, according to a news source will be required to be vaccinated per comments of the Surgeon General of the US; also the administration has stated that 25,000 healthcare workers will be required to be vaccinated. https://www.usnews.com/news/health-news/articles/2021-08-12/hhs-secretary-all-health-care-workers-must-receive-covid-19-vaccine|
|OSHA||OSHA issues guidance on facility measures- https://www.osha.gov/coronavirus|
US Government Advisory Committee in Immunization Practices Guidance on COVID-19
Website link to guidance – https://www.cdc.gov/vaccines/hcp/acip-recs/vacc-specific/covid-19.html
ACIP will be meeting on August 30 – No registration is required to observe. Agenda is provided – https://www.cdc.gov/vaccines/acip/meetings/downloads/agenda-archive/agenda-2021-08-30-508.pdf
Research Studies of Interest
A paper entitled, “Comparing SARS-CoV-2 natural immunity to vaccine-induced immunity: reinfections versus breakthrough infections” (Read the article at https://www.medrxiv.org/content/10.1101/2021.08.24.21262415v1) has been made public prior to the peer review process because of the urgency of the information related to natural immunity versus breakthrough infections. ICA makes no comment on the paper and is sharing it given the timeliness of the discussion.
Help the ICA support your health freedoms!
News of Possible Interest
September 9: President Biden to mandate all Federal employees (and contractors) be mandated or face dismissal, with no testing provision. https://www.cnn.com/2021/09/09/politics/joe-biden-covid-speech/index.html
July 27 – DOJ issued opinion on legality of mandate. https://www.foxnews.com/politics/doj-vaccine-mandates-legal
Some hospitals avoiding mandates avert staffing shortage. Fortune.com reports that 39% of hospitals mandate covid vaccines, and that others are not mandating due to concerns about staffing shortages. https://fortune.com/2021/08/30/health-care-hospital-worker-shortage-vaccine-mandates-staff-retention/
AMA and dozens of other organizations support mandates. https://www.ama-assn.org/press-center/press-releases/ama-support-covid-19-vaccine-mandates-health-care-workers
Travel Restrictions News
NBC has posted a Travel Restriction by Country Chart at: https://www.nbcnews.com/news/world/map-international-travel-restrictions-covid-n1262372
Reuters August 16 Factbox on Country Mandates
Last updated on November 6, 2021 at 3:02 pm