Eastland Telegram

For the reasons set forth above, the Court GRANTS Plaintiffs’ Motion for a Preliminary Injunction. The Court OR- DERS that Defendants are preliminarily enjoined from the implementation and enforcement of 86 Fed. Reg. 61,555 (Nov. 5, 2021), the Interim Final Rule with Comment Period entitled “Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination,” against any and all Medicare- and Medicaid-certified providers and suppliers within the State of Texas pending a trial on the merits of this action or until further order of this Court. Defendants shall immediately cease all implementation or enforcement of the Interim Final Rule with Comment Period as to any Medicare- and Medicaid-certified providers and suppliers within the State of Texas. Using the same methodology set forth in the Court’s previous Preliminary Injunction Hearing and Order, Defendants shall provide “notice” to all Medicare- and Medicaid-certified providers and suppliers located in Texas that the CMS Mandate will not be implemented or enforced. See ECF No. 42, 43.