State Efforts to Ban or Enforce COVID-19 Vaccine Mandates and Passports

Updated December 3, 2021

The Biden administration released the Path Out of the Pandemic COVID-19 Action Plan in September 2021. The plan requires employers with 100+ employees to mandate vaccination and require any unvaccinated workers to undergo weekly testing; mandates vaccination for all workers in health care settings that receive Medicare or Medicaid reimbursement; and calls on states to require vaccination for employees in schools. On November 12, 2021 ,the US Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s rule requiring workers at large companies to get vaccinated or undergo weekly testing in states that fall under its jurisdiction (Louisiana, Mississippi, and Texas). Other similar lawsuits were filed in other jurisdictions and these cases have been consolidated and assigned to the Sixth Circuit Court of Appeals to be heard by a three-judge panel. On November 30, a federal judge issued a preliminary injunction to halt the CMS regulation requiring healthcare workers to be vaccinated nationwide. Find the status of individual states’ efforts to ban or enforce private employer mandated vaccinations; mandates on vaccines for state employees, health workers, and school faculty and staff; and vaccine passports, below.

Also View NASHP’s regularly updated map for the latest on state vaccine and mask mandates in schools.

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