Showing posts with label hospital. Show all posts
Showing posts with label hospital. Show all posts

Most top hospitals charge a more than 5x markup

(Source: axios.com)
(See link above, for charts and more information)
 
June 14, 2021
Tina Reed

Some of the hospitals with the highest revenue in the country also have some of the highest prices, charging an average of 10 times more than the actual cost of the care they deliver, according to new research by Johns Hopkins University provided exclusively to Axios.

Why it matters: Hospitals each determine their own charges, or list prices. While few patients ever pay those prices, due to negotiated insurance rates, they do affect the uninsured and, experts say, ultimately influence the overall price we all pay.

Details: Johns Hopkins University researchers looked at the overall cost-to-charge ratio listed in the American Hospital Directory for the top 100 hospitals in the U.S. by their 2018 revenue to calculate the average markups.

  • Of the top 100 largest hospitals in the U.S., 57 were charging more than five times the actual cost, on average, of the care they provided.

  • Nine hospitals were charging more than 10 times the actual cost.

  • The hospital with the highest average markup was HCA's Chippenham Hospital in Richmond, with charges at nearly 13 times its cost.

For-profit hospitals had the biggest markups. They made up nine of the 10 hospitals with the biggest markups, and eight of those for-profit hospitals charged more than 10 times their costs.

  • But, a majority of the 57 hospitals with a markup of five times or higher were non-profit hospitals (34).

  • Pennsylvania and Texas were among the states that stood out when it came to markups. Nine of the top 15 were located in one of these two states.

The other side: Hospitals said this sort of calculation can be misleading, in large part due to the fact that few ever pay the actual chargemaster price.

  • "We have some of the most comprehensive policies and programs in the healthcare industry to protect our patients from financial hardship," said Cheri Love-Moceri, a spokeswoman for Methodist Hospital, referring to charity care programs and "uninsured discount" programs.

  • "Hospitals and health systems do more than any other part of the health care field to support vulnerable patients," said an American Hospital Association spokesman, adding hospitals provided more than $702.51 billion in uncompensated care to patients since 2000.

America's biggest hospitals vs. their patients

(Source: axios.com)
(See link above, for charts and more information)

Some of America's largest hospitals regularly sue their patients for unpaid medical debt. - Axios

June 14, 2021

Caitlin Owens, author of Vitals


More than a quarter of the 100 U.S. hospitals with the highest revenue sued patients over unpaid medical bills between 2018 and mid-2020, according to new research by Johns Hopkins University provided exclusively to Axios.

Why it matters: The report suggests that, rather than being an anomaly, patient lawsuits are relatively common across the country and among the largest providers.

  • “Most hospitals do not engage in this form of predatory billing. But for the ones that are, it threatens the great public trust in the medical profession,” said Marty Makary, a lead researcher of the project.

The big picture: As patients have become increasingly responsible for higher deductibles and other out-of-pocket costs, some hospitals have responded to unpaid bills by taking patients to court.

  • Meanwhile, the cost of hospital care has continued to rise, and is often many times the rate Medicare pays for the same services.

  • Hospitals continued these “predatory billing practices” even amid the pandemic last year, per the JHU researchers, although there were fewer court actions than in the previous two years.

  • It’s unclear how much of the decrease was because of the pandemic and how much was attributable to lasting changes in billing practices.

Details: The study found that 26 of the hospitals filed nearly 39,000 court actions against patients. This is likely an undercount, as some court records were inaccessible.

  • These court actions took the form of lawsuits, wage garnishments and personal property liens. Wage garnishments are court orders allowing hospitals to take part of a defendant’s paycheck, and a personal property lien is a legal claim that allows the holder to obtain access to an asset if a debt isn’t paid.

  • Even hospitals that didn’t sue their patients often had charges that were several times the cost of care.

By the numbers: 16 hospitals provided complete data on the amount they sued patients for — $71.8 million altogether. Three hospitals — Westchester Medical Center, VCU Medical Center and Froedtert Hospital — accounted for more than three-quarters of the total amount sought.

  • Among hospitals for which the amounts sought were available, patients were sued for $1,842 on average.

  • The number of court actions decreased over time, with hospitals filing nearly 21,000 in 2018, 16,510 in 2019 and only 1,661 in 2020, although the report only analyzed court records until the end of July.

Between the lines: Nearly two-thirds of the hospitals that sued patients are nonprofits. Eight are government-owned, and only one is for-profit.

  • Nonprofits also comprise around two-thirds of the top 100 hospitals, meaning they aren’t disproportionately likely to sue. But their nonprofit status makes them tax-exempt, in exchange for the provision of free or highly discounted care for patients who couldn’t afford it.

  • When nonprofits sue patients who can't afford to pay, “if it’s not a violation of the letter of the...law, it’s certainly a violation of the spirit of it," Makary said.
The other side: The American Hospital Association called collection actions “a last resort."

  • “Our doors are always open, regardless of a patient’s ability to pay. In total, hospitals of all types have provided more than $702.51 billion in uncompensated care to patients since 2000 for which no payment was received for patients in need,” said an AHA spokesperson in a statement.

  • “The reality, however, is that the health care system must be adequately financed to ensure that hospitals and health systems are able to stay open and be there for their communities in times of need.”

The bottom line: Even some of the hospitals with the highest revenues in the country will take patients to court over bills that are, on average, less than $2,000.


How America’s top hospitals hound patients with predatory billing

(Source: axios.com)
(See link above, for charts and more information)
 

A new analysis reveals that many of the top hospitals in America pursue patients with lawsuits and other predatory billing practices

By Michelle McGhee and Will Chase

In partnership with Johns Hopkins University


In February 2018, Stephen Swett went to the emergency room at Westchester Medical Center in New York seeking help for withdrawal from Suboxone, which treats opioid addiction. Swett — a 44-year old truck driver — says he sat on a gurney until he was discharged. Then in June of last year, the hospital filed a court summons, the beginning of its attempt to collect the $2,539.43 it said Swett owed for his trip.

“I went there, and it was my responsibility for going there. But at the same time, you don’t even take my temperature, you don’t do anything, you just basically let me sit, and then you stick me with a bill and take me to court,” Swett said. “That’s what I didn’t feel was right.”

The big picture: Rising deductibles and out-of-pocket costs are increasingly leaving patients responsible for bloated medical bills. A new analysis by Johns Hopkins University reveals that many of the top 100 hospitals by revenue in the U.S. use predatory tactics to pursue patients with unpaid bills.


Debt collection at any cost

Medical debt comprises 58% of all debt collections in the U.S. and has caused hundreds of thousands of Americans to file for bankruptcy. Some of the top 100 hospitals are huge contributors to the problem: Between January 2018 and July 2020, they filed tens of thousands of lawsuits and other court actions against patients. A handful of hospitals cut lawsuits in 2020, due to policy changes, but it’s unclear if these will last. According to JHU’s data, these patient lawsuits are most prevalent among governmental and nonprofit hospitals.

Why it matters: Nonprofit hospitals enjoy tax exemptions in exchange for charitable measures, but our analysis shows that most of these hospitals have failing grades on the Lown Institute Charity Care Rating, meaning they’re not meeting their obligations.

  • Furthermore, the Affordable Care Act requires nonprofit hospitals to have a financial assistance policy, and prevents hospitals from engaging in “extraordinary debt collection” unless they’ve made reasonable efforts to figure out whether a patient is covered by that policy.

  • When nonprofits sue patients who can't afford to pay, “if it’s not a violation of the letter of the Affordable Care Act law, it’s certainly a violation of the spirit of it,” said Marty Makary, a lead author of the project.
Just 10 hospitals are responsible for 97% of court actions against patients


How private hospitals make their money: massive markups

Most hospitals charge more for a procedure than what it costs them. The top 100 hospitals, on average, charged patients 7x the cost of service, with markup calculated from the American Hospital Directory's cost-to-charge ratio. And private, for-profit hospitals average nearly a 12x markup.

What they’re saying: Hospital industry officials dismiss marked-up list prices as merely a tactic they use to negotiate with insurers, which is partially true — charges are almost never the actual price paid by insurers, but they can be used for uninsured patients.

Yes, but: A 2017 study showed that each additional dollar of list price results in an extra 15–20 cents in revenue for the hospital, incentivizing higher markups.

  • Ultimately, patients are the ones caught in the middle of this price war between hospitals and insurers. Many patients don’t end up paying inflated list prices, but they bear the costs in the form of rising premiums and large surprise bills for out-of-network coverage.

Private hospitals have significantly higher markups than governmental or nonprofit hospitals


About this story

Methods
The data used for this story was collected by Johns Hopkins University. Data was collected on the largest 100 hospitals in the U.S. by revenue for the time period of Jan. 1, 2018 to July 31, 2020. Data on lawsuits and other court actions against patients was gathered from state and county court records. The average bill markup was found by taking the ratio of a hospital’s total costs to charges as listed in the American Hospital Directory.


CDC director urges parents to vaccinate teens, pointing to increase in severe cases

(Source: washingtonpost.com)

Hospitalization rates for adolescents went up in March and April, even as they stabilized for those 65 and older, new study finds


Lena H. Sun
June 4, 2021

Citing increased hospitalization rates of teenagers with covid-19 in March and April, Centers for Disease Control and Prevention Director Rochelle Walensky urged parents to vaccinate their teens to protect them from an illness that can be severe even among young people.

“I am deeply concerned by the numbers of hospitalized adolescents and saddened to see the numbers of adolescents who required treatment in intensive care units or mechanical ventilation,” Walensky said in a statement that was released Friday alongside a new study looking at trends in hospitalization among adolescents with the disease.

“Much of this suffering can be prevented,” Walensky added, urging “parents, relatives and close friends to join me and talk with teens” about the importance of prevention strategies and to encourage vaccination.

The study showed that nearly one-third of those teenagers hospitalized with covid-19 during a surge of cases early this year required intensive care, and 5 percent required mechanical ventilation.

While most covid-19 hospitalizations occur in older adults, severe disease that requires hospitalization has been shown to occur in all age groups. Covid-19 hospitalization rates among adolescents declined in January and February, the report said, but increased during March and April, even as hospitalization rates stabilized for those 65 and older, probably because of their higher rates of vaccination.Researchers suggest that the increased hospitalization among adolescents in March and April may be related to several factors, including more transmissible and potentially more dangerous virus variants; larger numbers of youths returning to school; and changes in physical distancing, mask-wearing and other prevention behaviors.

The Pfizer-BioNTech vaccine, which was authorized for those 16 and older in December, was recommended for use in 12-to-15-year-olds last month.

Even though the study is of a small group of adolescents, CDC officials and other experts expressed concern about the potential for severe disease and stressed the importance not just of vaccination but also of continued mask-wearing and other preventive behaviors until they are fully vaccinated.

“Vaccination is our way out of this pandemic,” Walensky said. “I continue to see promising signs in CDC data that we are nearing the end of this pandemic in this country; however, we all have to do our part and get vaccinated to cross the finish line.”

The new study is based on data from the CDC’s covid-19-associated surveillance network, a system of laboratory-confirmed covid-19 hospitalizations in 99 counties across 14 states, covering about 10 percent of the U.S. population.

The study looked at 376 adolescents ages 12 to 17 who were hospitalized between Jan. 1 and March 31 and tested positive for the coronavirus. Of that total, 204 youths were hospitalized primarily for covid-19, the report said, with 31 percent admitted to an intensive care unit and 5 percent requiring invasive mechanical ventilation. None of the youths died. (The report said the other 172 hospitalized youths may have been admitted for reasons not directly related to covid-19.)

About 70 percent of the 204 adolescents hospitalized primarily for covid-19 had at least one underlying medical condition — the most common being obesity. But nearly 30 percent had no reported underlying condition, the report said, “indicating that healthy adolescents are also at risk for severe covid-19-associated disease.”

Among the 204 teens, 52 percent were female, 31 percent were Latino and 36 percent were Black.

Researchers said the cumulative covid-19 hospitalization rates for the adolescents from Oct. 1, 2020, through April 24, 2021, were 2.5 to three times higher than seasonal-influenza-associated hospitalization rates during three recent flu seasons.

“Flu very rarely causes long-term symptoms and organ damage — unlike covid-10,” said Andrew Pavia, a professor of pediatrics and infectious diseases at the University of Utah. “Adolescents have many reasons to get vaccinated as soon as possible, including their own health, the ability to help control covid-19 among more vulnerable groups and the ability to return to normal life.”

Researchers said hospitalization rates may be underestimated since some clinicians may not have ordered tests for the virus, and adolescents hospitalized with the rare but serious inflammatory syndrome known as multisystem inflammatory syndrome in children might not be identified if testing took place more than 14 days after hospital admission.

First in line, still no shot: Surprising number of hospital workers refuse vaccines

(Source: usatoday.com)

David Heath, USA TODAY
Published Jun. 3, 2021 

Bob Nevens hoped to retire at Houston Methodist, where the 47-year-old had served for a decade as director of corporate risk. Instead, Nevens was fired on April 29 after he refused to have a COVID-19 vaccine injected into his arm.

Nevens’ hospital in the Houston area was among the first in the nation to require the vaccine and remains one of a handful doing so. Houston Methodist set an early deadline for its 1,255 executives and managers and Nevens was one of only two managers who failed to step up. Other workers have until June 7 to comply.

Nevens has a list of concerns: the vaccines were made quickly, the FDA authorized them for emergency use, and the long-term side effects may not be known.

“I don’t want to take an experimental vaccine,” Nevens said. “We don’t know what it’s going to do to somebody 10 years from now.”

He is also convinced he has built-in immunity from contracting COVID-19 on a hiking trip with his wife in Hawaii in December 2019, about the time China revealed the first few cases in Wuhan. He has no evidence that he ever had the illness, however. An antibody test later came back negative; Nevens does not believe it.

“There’s no way that anybody could tell me what I had was the flu,” he said.

Houston Methodist CEO Marc Boom was disappointed that Nevens declined the vaccine. But he defended the hospital’s decision.

“It’s the right thing to do,” he said. “It puts patients first. It puts hospitals in a leadership position from a safety perspective.”

Hospital workers, many of whom risked their lives during this pandemic and saw the ravages of the virus up close, were first in line for the vaccines. Yet Nevens is among a sizable group of hospital workers still not vaccinated.

USA TODAY surveyed some of the largest hospital networks and public hospitals in the country. At the nine networks that responded, fully vaccinated rates ranged from 53% to 72%. Rates among 15 of the nation’s largest public hospitals ranged from 51% to 91%.

The survey encompassed 276 hospitals, or about 4.5% of the nation’s hospitals. Most fell below President Joe Biden’s goal of 70% by July 4. Staff included ranged from workers with medical training, such as doctors and nurses, to those in support roles, such as cafeteria workers.

The fact that so many hospital workers remain unvaccinated is troubling news for public health officials who are counting on the vaccines to stop the spread of the virus. Experts worry that the rest of the population will follow suit.

“I think it’ll be a bit of a struggle to get to that 70-to-75% vaccination rate,” said Stacey Gabriel, the chief executive officer of the 80-bed Hocking Valley Community Hospital in Logan, Ohio, where only 50% of her workers are vaccinated.

In the COVID-19 unit at Houston’s United Memorial Medical Center, Dr. Joseph Varon has taken only four days off since the outbreak began. Varon, who heads up the unit and is chief of critical care, is concerned that unvaccinated staff might spread the virus to patients.

“What I don’t understand is how come 40% of my nurses who have worked with me in my COVID unit, where three patients die every day, they still say no,” he said.

Hospital administrators say after an initial rush by those who could not wait to get the vaccines, demand plateaued and then fell dramatically. At most hospitals, the rates have remained stuck for weeks.

Vaccination sites are witnessing a similar pattern among the population at large. Gabriel said her hospital in a small community in Ohio was giving out 300 shots a week not long ago. In one recent week, only 16 people showed up. When the University of Pennsylvania planned to give out 2,500 shots at a high school in west Philadelphia, only 400 people came.

About half the adults in the U.S. are now fully vaccinated, according to the Centers for Disease Control and Prevention. Some experts suggest the country may need to hit closer to 80% of the entire population to reach herd immunity and fully contain the spread of the virus.

New COVID-19 cases nationwide have plummeted since people started getting vaccinated. Still, some are concerned that if 30% or more of the adult population remains unvaccinated and life begins to return to normal, another wave of COVID-19 cases could follow.

“I think that could leave a reservoir of vulnerable people out there,” said Patrick J. Brennan, an infectious disease doctor and the chief medical officer for the University of Pennsylvania Health Systems.


Mandating vaccines a balancing act


One way to increase the vaccination rates is for employers to mandate them. Although controversy continues about whether employers can require employees to get vaccinated, several colleges already are requiring the shots. A few hospitals have joined them.

So far, most hospital executives USA TODAY interviewed seem sympathetic to concerns that the vaccine is new and hasn’t gotten full FDA approval. That has contributed to the decision by many not to mandate it yet.

Houston Methodist started with an incentive, offering a $500 bonus to any worker who got vaccinated by March. Boom said that boosted the vaccination rate to almost 85%.

Then the flagship hospital and its six community hospitals, confirmed that it would mandate the vaccine. Today, rates are up to almost 99%.

So far, at least four other hospital groups have announced that they are mandating the vaccine, including Benefis Health System of Montana, RWJBarnabas Health in New Jersey and most recently University of Louisville Health in Kentucky.

The University of Pennsylvania also recently announced it would require that all employees and clinical staff be vaccinated by Sept. 1. Currently, nearly 70% of the staff are vaccinated, although Brennan said rates among doctors and pharmacists are closer to 90%.

A key factor in the decision was that the systems’ six hospitals treat quite a few cancer and organ transplant patients as well as elderly patients highly vulnerable to the virus, Brennan said. He believes that hospital workers are more likely than the general public to get vaccinated, but they also share many of the same fears.

Some of the greatest resistance is political. A Monmouth University poll in April found that 43% of Republicans versus 5% of Democrats do not plan to get vaccinated. Less than half of the GOP caucus members in the House have acknowledged getting vaccinated.

Sen. Rand Paul, a Republican from Kentucky and an eye doctor, has refused to get the vaccine. Paul, the first known senator to test positive, says he’s already immune.

“The hardest gap is the political battle – people who don’t want it for political reasons,” said Dr. Susan Smith, senior vice president of the University of California San Francisco Health, which includes four hospitals and outpatient clinics. “That’s hard to close because it’s just been so polarized nationally.”

UCSF is not mandating the vaccine but it is requiring all employees to either get vaccinated or seek a waiver by explaining why they are declining the vaccine by June 30.

One public hospital group that has taken a softer approach is the University of New Mexico Health. It reported the highest vaccination rate in the USA TODAY survey at 91%. The group was partly blessed by being in a state with a high vaccination rate. According to the state health department, 56% of the state is fully vaccinated now.

But the provider recently staged a 10-day campaign to get its rate to 100%. The campaign relied primarily on education and barely made a difference, increasing it to about 91.5%.

“Clearly, being unvaccinated still today puts you at risk,” said Douglas Ziedonis, the health care provider’s chief executive officer. “That message would be, ‘If you have not been vaccinated, get vaccinated. Just because you had COVID before doesn’t mean you’ll be immune from these new variants.’”


Rural hospitals fall farthest behind

Rates at hospitals tend to mirror the communities around them. While states in the Northeast and on the West Coast have among the highest vaccination rates, low rates linger across much of the South.

Ardent Health Services had one of the lowest rates in the USA TODAY survey at 53%. It owns and operates 30 hospitals in six states with most concentrated in New Mexico, Texas and Oklahoma.

The fully vaccinated rates in Texas and Oklahoma remain below the national average: 43% and 38% respectively, according to the state public health departments.

Rural hospitals have among the lowest rates. A survey by the Chartis Center for Rural Health and the National Rural Health Association found less than half of workers were vaccinated at nearly a third of the 160 hospitals that responded.

“We were gobsmacked,” said Chartis rural hospital expert, Michael Topchick. “We expected to see some with lower rates. We couldn’t believe the percentage with those rates right around 50%.”

Rural areas tend to be more Republican and echo some of the same skepticism about the illness as former President Donald Trump, who once called the CDC’s death toll for COVID-19 “far exaggerated.”

Melissa Fisher, 53, does not work at a hospital but, as a caretaker at an assisted living facility in Athens, Tennessee, she shares many of the hospital workers’ concerns. In addition, she has a religious objection, calling the vaccine the “mark of the beast.” Some of her church’s elders and her pastor have compared the vaccines to the apocalyptic prophecy in the New Testament’s Book of Revelation.

“We have a freedom of choice in this country. That’s what our forefathers fought and died for, and right now I think it’s being taken away from us with this vaccine,” Fisher said.

Her employer, Enlivant, based in Chicago, is requiring the vaccine, so Fisher had to find another job.


Legal questions arise about mandates

Most hospitals require employees to get flu vaccines annually, and data shows mandating that vaccine works. According to the CDC, at hospitals that required it, more than 94% of workers got the flu vaccine in 2019. At hospitals that did not require it, less than 70% got vaccinated.

The influenza vaccine has a long track record, having been introduced in 1945. The FDA approves it each year.

Hospitals may be hesitant to mandate the COVID-19 vaccine because none of the vaccines have full FDA approval. Two of the vaccine companies, Pfizer and Moderna, have applied for that approval, which would make their vaccines available even after the public health emergency ends. The FDA is reviewing their data.

The 2004 law allowing emergency use authorization says that each person must be told “of the option to accept or refuse administration of the product.”

Legal experts say that language does not necessarily preclude employers from mandating the vaccine, however. Both the U.S. Equal Employment Opportunity Commission and the Occupational Safety and Health Administration have given employers guidance for requiring the vaccine.

Boom, the hospital CEO, said lawyers for Houston Methodist have assured him that it is legal for employers to mandate the vaccine. He expects other hospitals to follow suit eventually.

“It is legal for health care institutions to mandate vaccines, as we have done with the flu vaccine since 2009,” Boom said in a statement. “The COVID-19 vaccines have proven through rigorous trials to be very safe and effective and are not experimental.”

Last week, 117 employees of Houston Methodist filed suit against the hospital system for requiring the vaccine. The lawsuit alleges that the clinical trials will not be completed for another year and the FDA still doesn’t know all the facts about the vaccines. The suit also harkens to cruel Nazi experiments and the Nuremberg Code, which says that people need to give consent to be part of an experiment.

One of the plaintiffs is Jennifer Bridges, a 39-year-old nurse who treated patients in the COVID-19 unit at the Baytown community hospital. That unit catered to patients who didn’t need intensive care, but Bridges said she did care for COVID-19 patients who eventually died.

Not only does Bridges refuse to get vaccinated, she also has an online petition to stop mandatory vaccinations currently signed by more than 8,000 people across the country.

“I speak for a lot of people,” Bridges said. “We just wanted it to be fully FDA approved. We wanted enough time for it to have the proper research.”

Bridges’ concerns go beyond waiting for more data; she is convinced the vaccine is making people ill.

“I’ve seen... everything from blood clots, heart attacks, heart arrhythmias,” she said. “We’ve had people that were perfectly healthy and the day after they took the vaccine, they literally woke up and they couldn’t move or feel their legs.”

The adverse events data is closely monitored by the FDA and an independent data safety monitoring board oversees data for ongoing trials of the vaccines. So far, the most serious adverse reaction linked to the Johnson & Johnson vaccine was extremely rare blood clots in the veins of the brain combined with a low platelet count. One person has died from that condition.

Bridges believes that her hospital is engaged in a coverup of adverse reactions.

“A lot of physicians are being told to not report it,” she said.

She also says a worker in information technology claims that they participated in a group chat with hospital managers who were instructing workers not to document adverse reactions on patient charts.

Houston Methodist adamantly denies Bridges’ charges of a coverup, saying in a statement: “This is also completely false and unfounded. We pride ourselves on being one of the safest hospital systems in the country, and we would never do what she alleges.”

“It is unfortunate that Ms. Bridges is choosing to act this way. She is a disgruntled employee making unfounded claims and putting herself before our patients by not getting a vaccine. Her messages have become increasingly personal and unprofessional and her efforts appear co-opted by the anti-vaccine movement.”

Contributing: Holly Meyer, The Tennessean.

117 Employees File Lawsuit Against Texas Hospital For Mandating COVID-19 Vaccine

 117 Employees File Lawsuit Against Texas Hospital For Mandating COVID-19 Vaccine

(Source: zerohedge.com)

Tyler Durden's Photo

BY TYLER DURDEN
TUESDAY, JUN 01, 2021 - 05:20 PM

Authored by Jack Phillips via The Epoch Times,

More than 100 employees at Houston Methodist Hospital filed a lawsuit against their employer for requiring all staff members to receive a COVID-19 vaccine in order to keep their jobs.


Saying the COVID-19 vaccines are experimental and they don’t want to be “guinea pigs,” the 117 employees argued in court that it’s unlawful for their employers to require them to take the shots.

“Methodist Hospital is forcing its employees to be human ‘guinea pigs’ as a condition for continued employment,” their lawsuit (pdf) states. They wrote that the hospital’s COVID-19 vaccination mandate “requires the employee to subject themselves to medical experimentation as a prerequisite to feeding their families.”

They took issue receiving “experimental COVID-19 mRNA” vaccines such as ones made by Pfizer and Moderna.

“For the first time in the history of the United States, an employer is forcing an employee to participate in an experimental vaccine trial as a condition for continued employment,” the lawsuit states.

The plaintiffs cited a letter—included in the lawsuit—from the CEO and president of Houston Methodist, Marc Boom, who allegedly directed employees to “please see the HR policy that outlines the consequences of not being compliant by June 7, which include suspension and eventually termination.”

Meanwhile, at the top of the lawsuit, an alleged quote from David Bernard, a CEO of a Houston Methodist branch, was included. Bernard purportedly told an employee that “100 percent vaccination is more important than your individual freedom. … Everyone [sic] of you is replaceable. If you don’t like what your [sic] doing you can leave and we will replace your spot.”

A spokesperson for Houston Methodist disputed the quote in a statement to The Epoch Times, saying on May 30 that Bernard “did NOT say that to this disgruntled employee,” and he “has respect for all his employees—we are a values-based organization with respect as one of our core values.” The spokesperson did not comment on the letter from Boom.

The lawsuit also asserted that employers’ mandating COVID-19 vaccines is problematic because “there is much” the Food and Drug Administration (FDA) “does not know about these products even as it authorizes them for emergency use, including their effectiveness against infection, death, and transmission of SARS-CoV-2, the virus that is allegedly the cause of the COVID disease.” The FDA approved an emergency use authorization for the vaccines made by Moderna and Pfizer in December 2020 and gave the emergency authorization for Johnson & Johnson’s vaccine in early 2021.

The lawsuit was filed by Jared Woodfill, a Houston-area attorney, who told ABC News that the Houston Methodist mandate violates the Nuremberg Code of 1947, written after the fall of the Nazi regime in Germany.

“To promote its business and increase profits at the expense of other health care providers and their employees’ health, defendants advertise to the public that they ‘require all employees and employed physicians to get a COVID-19 vaccine.’ More clearly, defendants’ employees are being forced to serve as human ‘guinea pigs’ to increase defendants’ profits,” Woodfill said, adding that it is a “severe and blatant” violation of Texas law and the Nuremberg Code—a set of research ethics principles relating to human experimentation.

Houston Methodist, the attorney claimed, forced employees to get the shot to “promote its business” over its “employees’ health.” He noted that most of the plaintiffs in the suit aren’t health care providers.

Boom issued a statement after the lawsuit was filed, saying that 99 percent of the hospital’s nearly 30,000 employees have received a COVID-19 vaccine.

“We proudly stand by our employees and our mission to protect our patients.

“It is unfortunate that the few remaining employees who refuse to get vaccinated and put our patients first are responding in this way,” Boom said, according to a spokesperson for the hospital system. “It is legal for health care institutions to mandate vaccines, as we have done with the flu vaccine since 2009.”

A full legal response from Houston Methodist has yet to be filed.

The Houston Methodist spokesperson also included a link to the federal Equal Employment Opportunity Commission (EEOC) on May 28 having posted updated guidelines that suggest employers can make employees be vaccinated.

According to the agency’s guidance issued on May 28, EEOC laws “do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations.

“Other laws, not in EEOC’s jurisdiction, may place additional restrictions on employers.”

The lawsuit was filed in a state court in Montgomery County, Texas, and alleges wrongful discharge as well as a violation of the at-will employment doctrine’s public policy exception.

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