The Arkansas Department of Human Services asked the state Legislature Wednesday for permission to require employees at seven of its health care facilities to be vaccinated against covid-19.
Receiving a covid-19 vaccine “shall not be a condition of education, employment, entry, or services from the state or a state agency or entity” unless the Arkansas Legislative Council approves an exception, according to an April 2021 state law.
However, the federal Centers for Medicare and Medicaid Services issued a mandate in November for health care workers to be vaccinated by Jan. 4 or their facilities will risk losing Medicare and Medicaid funding.
Arkansas was one of 10 states to challenge the mandate in court, but the U.S. Supreme Court upheld the mandate Jan. 13.
"This request is made only to keep DHS in compliance with federal law and protect the federal funding that keeps our healthcare facilities open, as DHS opposes the [mandate] in principle," Arkansas Department of Human Services Secretary Cindy Gillespie wrote in a letter to the Legislative Council co-chairs, state Rep. Jeff Wardlaw, R-Hermitage, and state Sen. Terry Rice, R-Waldron.
Gillespie's letter states that Gov. Asa Hutchinson already approves of the request.
The federal mandate applies to the department's five human development centers, the State Hospital and the Arkansas Health Center. They receive a total of nearly $125 million in Medicare and Medicaid funding.
Gillespie appeared before the Legislative Council Nov. 19 and did not request a vaccination requirement but said she wanted to take steps in that direction. She also said she was concerned that the mandate would drive staff members at the already short-staffed facilities to leave.
The Department of Human Services withdrew the petition to the council Nov. 30 after a federal judge blocked the rule's enforcement.