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Morning Briefing

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Wednesday, Oct 13 2021

Full Issue

3 Separate Court Rulings Hash Out Details Of New York Vaccine Mandate

Here's the breakdown: New York City can continue to require proof of inoculation to enter restaurants, gyms and clubs; New York City teachers were again rebuffed in their attempt to seek a religious or medical exemption; and health care workers must be allowed a religious exception.

Federal judges issued three different decisions on New York state and city requirements for Covid-19 vaccinations, upholding the status quo as the contentious issue winds it way through the court system. New York City鈥檚 program requiring proof of vaccination to enter restaurants, gyms and clubs can continue, a judge in Brooklyn ruled Tuesday, rejecting a claim of racial bias. A judge in Manhattan once again rejected the argument by a group of New York City teachers and other staff who are seeking exemptions for vaccination requirements for school staff on religious or medical grounds. A third judge reiterated that state health authorities can鈥檛 enforce a mandate on health care workers without a religious exception. (Van Voris, 10/12)

New York health care workers will be able to seek religious exemptions from a statewide COVID-19 vaccine mandate as a lawsuit challenging the requirement proceeds, a federal judge ruled Tuesday. Judge David Hurd in Utica had issued a temporary restraining order a month ago after 17 doctors, nurses and other health professionals claimed in a lawsuit that their rights would be violated with a vaccine mandate that disallowed religious exemptions. Hurd鈥檚 preliminary injunction Tuesday means New York will continue to be barred from enforcing any requirement that employers deny religious exemptions. And the state cannot revoke exemptions already granted. (Hill, 10/12)

In more news from New York 鈥

Kyrie Irving won鈥檛 play or practice for the Brooklyn Nets this season until he gets vaccinated, the team said Tuesday, a move that will increase the pressure on the NBA superstar in what has quickly become one of the world鈥檚 most consequential Covid-19 workplace standoffs.聽Irving is currently ineligible to play home games for the Nets, the heavy favorites to win the championship in the NBA season that begins next week, under a New York City order that requires proof of vaccination to enter an indoor sports arena like the Barclays Center. (Cohen, 10/12)

In other news about vaccine mandates across the U.S. 鈥

The Cleveland Clinic and University Hospitals, two of the largest health care systems in Ohio, are requiring Covid-19 vaccinations for solid organ transplants. The recently announced mandates will apply to patients and living donors prior to the procedures, according to statements from the health care providers. Patients on a waiting list for organ transplantation from a deceased donor have until Nov. 1 to become vaccinated, or they will be considered 鈥渋nactive on the waiting list,鈥 the Cleveland Clinic said in a statement Monday. (Planas, 10/12)

The Florida Health Department fined a county government over $3.5 million Tuesday for violating the state's ban on vaccination passports 鈥 the first time the state has punished a locality for defying the ban. The Health Department said in a statement that officials in Leon County, where Tallahassee, the state capital, is located, violated state law when they mandated in late July that the county's 700 employees provide proof of vaccination no later than Oct. 1. Then, on Oct. 4, county officials fired 14 employees for failing to comply with the requirement. (Clark, 10/12)

Milwaukee County Executive David Crowley said 72% of Milwaukee County employees responded to the county's COVID-19 vaccine mandate by either showing proof of vaccination or proper documentation for an exemption.聽Crowley聽issued an administrative order to all county staff on Sept. 2 informing them they had until Oct. 1 to provide documentation.聽At Tuesday's COVID-19 briefing, Crowley said of the approximately 4,060 employees that work for the county, a little more than 1,000 employees have not provided documentation.聽(Bentley, 10/12)

Philadelphia on Tuesday rebuffed a request by a nursing home trade group for an extension of a Friday deadline to have all staff at least partially vaccinated against COVID-19. The Pennsylvania Health Care Association warned acting Health Commissioner Cheryl Bettigole in a letter that the city鈥檚 47 nursing homes will have to dismiss as many as 2,400 workers to comply with the city鈥檚 vaccine mandate for long-term care facilities. Federal data show that in September the city鈥檚 nursing homes employed nearly 9,000. The health department said there was still time for those workers to get at least one shot before Friday. (Brubaker, 10/12)

Parents whose children have been infected with the coronavirus in Wisconsin have an unlikely ally: a brewery and its super PAC. Filing lawsuits in both of Wisconsin's federal court districts, the parents are suing school districts for rescinding mask requirements and flouting other federal and state health guidance. They're backed by the Minocqua Brewing Company of Minocqua, Wis., which sells what it calls "progressive beer" 鈥 and whose owner is using its political action committee to help fund the legal fight. One of the lawsuits says that by axing safety protocols, school board officials "threw students into a Covid-19 'snake pit.' " (Chappell, 10/12)

Private equity firms are sitting on the sidelines when it comes to vaccine mandates for portfolio companies, despite often requiring shots for their own employees. Private equity employs around 7% of all American workers, and is represented in almost every industry and geography, which means that PE vax mandates could have a significant impact on public health. (Primack, 10/12)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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