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Coronavirus in Texas

Texas sues Biden administration for requiring health care workers to get COVID-19 vaccine

The state has also challenged the federal government’s vaccination mandates for big businesses and federal contractors.

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Doctors Hospital at Renaissance employees ready a Pfizer vaccine for administration on Dec. 19, 2020
Doctors Hospital at Renaissance employees prepare a Pfizer vaccine for administration on Dec. 19, 2020. Credit: Jason Garza for The Texas Tribune

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In Texas’ latest legal challenge targeting federal vaccination mandates, Attorney General Ken Paxton is suing the Biden administration over its recent order requiring health workers to receive the COVID-19 vaccine.

The Biden administration issued an emergency order, which went into effect Nov. 4, requiring eligible workers at health care facilities participating in the Medicare and Medicaid programs to get the first shot of a two-dose vaccine or a one-dose vaccine by Dec. 6.

Vaccine FAQs

  • Who is eligible for the COVID-19 vaccine?

    People ages 5-17 are eligible to receive the Pfizer-BioNTech vaccine. People ages 18 and older are eligible to get the Pfizer-BioNTech or Moderna vaccines, which are now preferred over the Johnson & Johnson vaccine, according to the Centers for Disease Control and Prevention.

  • Is the COVID-19 vaccine safe and effective?

    All vaccines in the United States must go through three phases of clinical trials to make sure they are safe and effective. During the development of COVID-19 vaccines, phases overlapped to speed up the process, but all phases were completed, according to the Centers for Disease Control and Prevention. State data shows that unvaccinated Texans made up 85% of coronavirus cases and deaths from Jan. 15 to Oct. 1, 2021.

  • Should I still get the vaccine if I've had COVID-19?

    Yes. Research has not yet shown how long you are protected from getting COVID-19 again after recovering from COVID-19, according to the Centers for Disease Control and Prevention, and vaccination will boost protection. If you were treated for COVID-19 with monoclonal antibodies or convalescent plasma, you should wait 90 days before getting a COVID-19 vaccine. Talk to your doctor if you are unsure what treatments you received or if you have more questions about getting a COVID-19 vaccine.

  • Where can I get the COVID-19 vaccine in Texas?

    Most chain pharmacies and many independent ones have a ready supply of the vaccine, and many private doctors' offices also have it. Texas has compiled other options for finding vaccine appointments here, and businesses or civic organizations can set up vaccine clinics to offer it to employees, visitors, customers or members. The vaccine is free, and you don’t need health insurance to get it.

  • Who can get a COVID-19 booster shot?

    The protection the vaccine offers can wane over time, so medical experts recommend getting a booster shot. People ages 18 and older are eligible for booster shots, according to recommendations from the CDC. Recipients ages 12-17 who received the Pfizer vaccine as their initial two-dose treatment are eligible to receive the Pfizer vaccine as their booster.

  • More answers here.

Paxton called the mandate “an unprecedented federal vaccine decree” on health care workers.

“At a time when we need healthcare workers more than ever before, amid a harrowing worker shortage, the Biden Administration has prioritized this unlawful vaccine mandate over the healthcare of all Americans,” Paxton said Monday night in a statement. “We need healthcare workers, regardless of their vaccination status, and this decision puts us on track for an impending disaster within the healthcare industry.”

Texas joins 10 other states suing the Biden administration over the mandate.

Paxton’s lawsuit comes days after he sued the Biden administration over a different COVID-19 vaccination rule ordering big businesses to require their staff to get vaccinated or regularly get tested for the virus. Last month, Paxton filed a separate lawsuit against the Biden administration over its coronavirus vaccine mandate for federal contractors.

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