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For Immediate Release
November 29, 2021

Contact

Communications Director
(603) 271-2121 | Sununu.Press@nh.gov

Governor Chris Sununu and Attorney General Formella Announce Preliminary Injunction of CMS Vaccine Mandate

Concord, NH – Today, Governor Chris Sununu and Attorney General John Formella announce that the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate for workers at healthcare facilities receiving Medicare or Medicaid funding has been preliminarily enjoined and is not enforceable in New Hampshire until further notice. On Monday, November 29, 2021, the United States District Court for the Eastern District of Missouri issued an order granting the plaintiff states’ request for a preliminary injunction against the CMS vaccine mandate pending a trial on the merits or until further order of the Court. The federal government will therefore be barred from enforcing the CMS vaccine mandate against or within the State of New Hampshire and the other nine plaintiff states until further notice.

On November 10, 2021, the State of New Hampshire joined with the states of Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota and North Dakota to bring this action to invalidate and enjoin a rule issued by CMS that requires all workers at healthcare facilities that receive Medicare of Medicaid funding to be fully vaccinated against Covid-19.

After the Court issued its order, Governor Chris Sununu and Attorney General Formella released the following statements:

“This is a big win for New Hampshire’s health care system,” said Governor Chris Sununu. “Nursing homes were at risk of closure if the Biden mandate remained in place. This helps maintain the staff New Hampshire needs to care for our loved ones.”

“This order means that CMS may not enforce its vaccine mandate against any facility within the State of New Hampshire until further notice,” said Attorney General John Formella. “We will continue to participate in this litigation and seek permanent relief, and we will provide further updates to the public as this litigation progresses.”

A copy of the order can be found here.