(C) Daily Montanan This story was originally published by Daily Montanan and is unaltered. . . . . . . . . . . Lawyers to deliver closing arguments Wednesday in HB702 lawsuit – Daily Montanan [1] ['Keila Szpaller', 'More From Author', '- October'] Date: 2022-10-25 If Providence St. Patrick Hospital in Missoula finds itself out of compliance with Centers for Medicare and Medicaid Services standards, it could risk losing reimbursement worth $16 million for just one month, or half of its funding, said Kirk Bodlovic, chief operating officer at the Missoula hospital. A rule from CMS requires most providers to ensure staff are fully vaccinated against COVID-19 or be granted an exemption — or risk penalties — but it’s in conflict with Montana’s House Bill 702. HB702 prohibits discrimination based on vaccination status, and it’s on trial this week in U.S. District Court in Missoula. Under the law, health care providers can ask if a caregiver is immunized, but the person doesn’t have to answer. House Bill 702 was passed by the 2021 Montana Legislature during the pandemic and it prohibits employers from requiring not just COVID vaccines, but others as well as a condition of employment. Tuesday, Bodlovic and other medical providers and patients took the stand in the final day of witness testimony in a trial that tests whether the state law can pass federal muster. Bodlovic said without that federal reimbursement, St. Pat’s could not provide the same level of care in the community that it does today. In questioning by Montana Deputy Solicitor General Brent Mead, Bodlovic also said a CMS accrediting body had not found the hospital deficient based on staff vaccination status or for having a lack of knowledge of staff vaccination status in its most recent review this summer. A group of medical providers and patients sued the state over HB702 last fall. They argue in part that the law is superseded by federal laws such as the Americans with Disabilities Act, and it harms public health and is unconstitutional based on the U.S. and Montana constitutions. But the State of Montana argues the state has a duty to protect people from unlawful discrimination, and citizens shouldn’t lose their jobs because they don’t want to share private medical information. In the case, lawyers submitted expert reports as testimony from witnesses who did not take the stand. Earlier this year, U.S. District Judge Donald Molloy ordered a preliminary injunction of the enforcement of HB702. Testimony has been wide ranging in trial, and Tuesday, the judge asked lawyers to plan to focus their closing arguments on the significant legal issues in the case. Closing arguments are scheduled for Wednesday morning. Molloy also complimented the lawyers at the end of the day. He said they had been professional in presenting the evidence and accommodating each other, which he appreciated. “More and more recently, it’s very uncommon. But thank you,” Molloy said. [END] --- [1] Url: https://dailymontanan.com/2022/10/25/lawyers-to-deliver-closing-arguments-wednesday-in-hb702-lawsuit/ Published and (C) by Daily Montanan Content appears here under this condition or license: Creative Commons CC BY-NC-ND 4.0. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/montanan/