mma statement on preliminary injunction granted in hb 702 litigation

Today, in Missoula District Court, a preliminary injunction was granted in the Montana Medical Association’s ongoing litigation against House Bill 702 to the extent it applies to all facilities and providers subject to the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccine requirement.

The Court’s ruling, attached, temporarily enjoins the State of Montana from enforcing HB 702 against COVID-19 vaccine requirements in Montana health care facilities that receive Medicare or Medicaid Funding.

The MMA today released the following statement following the Court granting the preliminary injunction:

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“The Montana Medical Association is pleased with the Court’s decision to provide relief to health care professionals, facilities and patients who are caught in the middle of a conflict between our governments, state and federal. Today’s court decision ensures Montana health care providers and facilities can comply with the federal rule requiring COVID-19 vaccinations for workers in most health care settings and not face the potential loss of significant Medicare funding without conflicting with state law.

As physicians, we will protect what is in the best interests of our patients and look forward to the next steps of this lawsuit.”