A federal appeals court panel has reversed a lower courts decision, upholding Montanas vaccine discrimination law, as it applies to health care facilities.Three judges on the 9th Circuit Court of Appeals handed down their decision last week.In 2021, during the COVID-19 pandemic, the Montana Legislature approved House Bill 702, which prohibits denying someone access to goods, services or opportunities based on whether or not theyve been vaccinated. It also prevents employers from requiring their employees be vaccinated.The law has several exceptions, added through amendments proposed by Gov. Greg Gianforte. One of them says that specified health care facilities can implement reasonable accommodations to protect the health and safety of patients, employees and visitors, and that those facilities can ask workers whether theyve been vaccinated and treat them as unvaccinated if they decline to answer.A group of plaintiffs led by the Montana Medical Association sued, saying HB 702 jeopardized their ability to protect patients and employees, especially those with disabilities who have weakened immune systems. They argued, despite the laws exceptions, HB 702 conflicted with federal law on accommodating people with disabilities and on eliminating hazards in the workplace.In 2022, U.S. District Court Judge Donald Molloy sided with plaintiffs, saying the law removed an essential tool from the health care providers toolbox to stop the spread of diseases. He ruled it unconstitutional as applied to health care settings.However, in an opinion signed by two of the three judges, Circuit Judge Daniel Bress wrote that Molloys ruling was overbroad and that his findings showed only a hypothetical or potential conflict between HB 702 and federal law.In the absence of a record more particularized to specific plaintiffs and specific medical facilities, it cannot be said that a health care employers inability to discriminate based on employees lack of vaccination would lead to ADA violations in any or all cases, so as to warrant facially invalidating HB 702 in health care settings, he wrote.Bress wrote that this decision doesnt prevent future challenges to HB 702s enforcement based upon a proper showing.In a concurring opinion, Senior Circuit Judge M. Margaret McKeown disagreed with the standard the other judges had used in deciding the case, but agreed the plaintiffs had not shown enough to justify preempting the law at this time.To be sure, HB 702 is likely preempted in some circumstances, but it is Montana Medicals burden to justify the scope of the remedy sought, she wrote.Montana Attorney General Austin Knudsens office defended HB 702 in court and praised the panels decision in a statement.This is great news for Montanans, a spokesperson said. No one should be subject to discrimination because of their vaccination status. Were glad the Ninth Circuit corrected Molloys erroneous decision.