Establishing the immunization safety and right of refusal Act, and providing penalties

The bill also prohibits a hospital, health care facility, or a health care provider, staff member, or employee of a hospital or health care facility from discriminating against or terminating treatment of a patient based upon the patient’s refusal to receive an immunization. Under the bill, a hospital, health care facility, or educational institution providing clinical experience to satisfy the professional degree requirements of a student, intern, or resident is prohibited from discriminating against the student, intern, or resident, or prohibiting admission, enrollment, or employment as a student, intern, or resident based on the immunization status of the student, intern, or resident. A person aggrieved under this portion of the bill may petition the district court in the county where the hospital, health care facility, or educational institution is located for injunctive relief; affirmative relief, including reinstatement of employment with back pay and interest or any other equitable relief the court deems appropriate; or other appropriate relief necessary to ensure compliance with this portion of the bill. The bill also prohibits a health care provider licensing authority from denying an applicant for a license or suspending, revoking, or refusing to renew a license, or from taking disciplinary action against a licensee based on an applicant’s or licensee’s immunization history or refusal to submit to or administer an immunization. A health care provider licensing authority is also prohibited from denying an applicant a license; suspending, revoking, or refusing to renew a license; or from taking disciplinary action against a licensee based on the applicant or licensee having three or more verified failures to comply in one calendar year with the applicable health care provider requirements relative to the recording and reporting of vaccine information and the provision of vaccine information to patients under federal law. The bill prohibits an insurer providing a group policy, contract, or plan for health insurance from using the immunization status of a person as a basis to reject; deny; limit; cancel; refuse to renew; increase the premiums for; limit the amount, extent, or kind of coverage available to; or otherwise adversely affect eligibility or coverage for the group health policy, contract, or plan for health insurance. The bill also prohibits an insurer providing a group policy, contract, or plan for health insurance from using the immunization status of a patient as a qualification or requirement for contracting with the patient’s provider or as a basis for terminating a contract with the patient’s provider. Finally, the bill prohibits the immunization status of a person covered by a group policy, contract, or plan for health insurance from being used as a factor in the rating of a group policy, contract, or plan for health insurance in Iowa. An insurer issuing a group policy, contract, or plan for health insurance who violates any of these provisions of the bill is subject to the summary cease and desist order, cease and desist order, and penalty provisions pursuant to Code chapter 507B (insurance trade practices).