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State Representative Sean Roberts, a Republican from Hominy, has requested that Oklahoma Attorney General John O’Connor review the constitutionality of the Biden administration’s threat to withdraw federal funding for nursing homes in the midst of a pandemic.

In a statement, Roberts said:

“This is the first time that the federal government has used funding as a threat against private businesses to force vaccination on their employees. This move by President Biden could lead to staffing shortages and closures at our nursing homes, and force Oklahoma seniors to go without the care that they desperately need.”

On Wednesday, the Biden administration stated that nursing homes that do not require their staff to take the COVID-19 vaccine will have their federal Medicaid & Medicare funding cut.

"House Bill 1236 was passed and signed into law this year allowing the attorney general to review if the federal government is overstepping the bounds of the constitution," Roberts said. "I believe this is a prime example of unconstitutional federal overreach. Where there is risk, there must be choice, and the federal government cannot dictate medical decisions for our state's nursing home employees. I am calling on Attorney General O’Connor to address this federal overreach immediately.

House Bill 1236, passed earlier this year, authorizes the attorney general to review federal actions for constitutionality concerns. Under the law, the attorney general can initiate a review independently or upon both legislative chambers taking action to request a review.