The Dec. 9 decision is in response to a lawsuit filed against House Bill 702 by Montana hospitals, private medical providers, unionized nurses and immunocompromised patients.
House Bill 702 was passed by the Montana legislature and took effect when signed by Gov. Greg Gianforte in May 2021. It specifically barred employers from refusing employment to an individual, prohibiting an individual from employment, or discriminating against an individual in compensation or in a term, condition or privilege of employment based on vaccination status for COVID-19 or other diseases.
Plaintiffs in the case — which included the Montana Nurses Association, the Montana Medical Association, hospitals and physicians’ offices, and individual immunocompromised patients — argued that the law should not be enforced in healthcare settings because it is preempted by the Americans with Disabilities Act, the Occupational Safety and Health Act, and CMS regulations that require COVID-19 vaccination for eligible staff at healthcare facilities participating in Medicare and Medicaid programs, according to court documents accessed by Becker’s. The plaintiffs also argued that the law is unconstitutional in healthcare settings under the equal protection clauses of the Montana and U.S. constitutions, and unconstitutional under the inalienable rights section of the state constitution.
During an October trial, defendants in the case — state Attorney General Austin Knudsen and state Department of Labor Commissioner Laurie Esau — argued that the plaintiffs lacked standing to bring their claims, according to court documents.
Judge Donald W. Molloy’s 41-page Dec. 9 decision ruled that the law “creates untoward problems for healthcare providers of any description in trying to protect the environment where services to patients are rendered and to prevent the spread of diseases.” He found that it was unconstitutional and is preempted by federal law in healthcare settings.
“The Montana Nurses Association fights for its patients and its members, whether it’s in the hospital, clinic or the courtroom,” Vicky Byrd, RN, CEO of the Montana Nurses Association, said in a news release shared with Becker’s. “The court’s order is a win for all Montanans — young or old, healthy or sick — who no longer need to worry about government interference with the safety of their healthcare in Montana.”
Emilee Cantrell, a spokesperson with the Montana attorney general’s office, told Becker’s, “We’re reviewing the ruling to determine next steps. Attorney General Knudsen is continuing to fight for the rights of healthcare workers.”
She also pointed to a 22-state petition filed in November asking CMS to withdraw the vaccine rule.
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