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Updated to Legal Action-Flu Masks

This is an update on the status of Kent, et al. v. DOH, et al., the action filed on behalf of PEF and certain named Petitioners. This lawsuit which was filed on November 26, 2013 challenges the Department of Health’s regulation mandating that qualifying employees must either wear a mask in any area where patients may be present, or provide proof of vaccination against influenza in facilities covered by the regulation.

The State submitted a lengthy Answer to PEF’s petition, and the Court advised that it needed more time to review the papers. They were unwilling to hear oral argument on January 31, 2014, and, in fact, the court advised it did not want to hear any oral argument.  In response, PEF asked for, and obtained, an extension of time to February 14, 2014 to reply to the State’s answer.

Because PEF felt that oral argument is critical in this case, oral argument was requested.  The Court has granted PEF’s request and oral argument is now scheduled for March 4, 2014 at 10:00 a.m.

PEF will keep the members informed on the progress of this important lawsuit.