(The Center Square) – Lawmakers have eased their restrictions on COVID-19 vaccine mandates for some public workers after state department heads warn of federal funding losses.
The Arkansas Legislative Council (ALC) agreed Friday to allow the Department of Veterans Affairs, the Department of Human Services and the University of Arkansas for Medical Sciences (UAMS) to implement the mandates at their facilities that receive funding from the Centers for Medicare and Medicaid Services (CMS).
The U.S. Supreme Court struck down a federal vaccine mandate for businesses with 100 or more employees but let a vaccine mandate for health care facilities that receive CMS funding stand.
Gov. Asa Hutchinson signed a bill passed by the Legislature in 2021 that requires state-run facilities to ask permission from the ALC to implement vaccine mandates or requirements.
Agency officials told state lawmakers each would lose millions in CMS funding if the departments did not comply with the mandate. UAMS stood to lose the most at $600 million and $100 million in funding from the National Institutes of Health. Cindy Gillespie, secretary of the Department of Human Services, said her agency could lose $114 million to $135 million.
Veterans Affairs Secretary Nathaniel Todd said his agency could lose $4 million in funding and could only operate for six months without it.
“According to the CMS guidance, the failure to achieve a 100% vaccination rate by April 14th will result in citations, civil monetary penalties, denial of payment for new admissions, or termination of the Medicare/Medicaid provider agreement for UAMS and other providers,” UAMS Chancellor Cam Patterson said in a letter to the ALC.
None of the facilities affected by the mandate have 100% vaccination rates. Patterson said about 2,000 employees were not vaccinated. But employees can apply for an exemption based on religious or medical reasons.
“The UAMS policy for exemption is broad enough that everyone of those 2,000 that…didn’t want to get a vaccine will be able to drive through our guidance for getting an exemption very easily,” Patterson said.
Some lawmakers said the mandate trampled on their constituents’ First Amendment rights.
“In my mind the question is, ‘What will we sell our freedoms for?'” said Rep. Jack Ladyman, R-Jonesboro.
Rep. John Payton, R-Wilburn, said he recognizes the facilities are dependent on federal funding.
“I would encourage you to look for ways to break that dependence,” Payton said. “In the future, we don’t know what other rights or freedoms may be threatened through the strings attached to this funding.”
