Relating to requirements and prohibitions relating to vaccines and immunizations, and providing civil remedies

This bill relates to vaccinations and immunizations. The bill is drafted in divisions. DIVISION I. Division I of the bill relates to prohibitions against vaccine mandates by employers. Division I prohibits an employer from failing or refusing to hire, discharge, penalize, or otherwise discriminate against an employee with respect to compensation or the terms, conditions, or privileges of employment based on the employee’s vaccination history or the refusal of the employee to receive a vaccine or provide proof of immunity. An employee whose rights are violated under the division of the bill may bring an action against an employer in the district court in the county where the employer is located for injunctive relief, actual damages, admission or reinstatement of the employee with back pay plus percent interest, or any other appropriate relief necessary to ensure compliance with the division of the bill. DIVISION II. Division II of the bill relates to vaccination safety and the right of refusal. Division II provides definitions used in the Code chapter. Division II of the bill prohibits a hospital or health care facility from requiring a health care provider, staff member, employee, or applicant for one of these positions to be immunized or from discriminating against or terminating the employment of a health care provider, staff member, employee, or applicant for one of these positions, based on the person’s refusal to receive an immunization. The division 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, and a health care facility or assisted living program is also prohibited from discriminating against or terminating treatment of a resident or tenant due to the resident or tenant failing or refusing to receive an immunization for a specific communicable disease. Under this division of 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, assisted living program, 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 division of the bill. A hospital, health care facility, health care provider, educational institution, or assisted living program that violates this portion of the bill is ineligible to receive state funding for reimbursement of services. Division II of 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 an immunization. Division II of 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. Division II also prohibits an insurer providing a group policy, contract, or plan for health insurance from using the immunization status of a person as a qualification or requirement for contracting with the person’s provider or as a basis for terminating a contract with the person’s provider. Division II of the bill prohibits an insurer providing a group policy, contract, or plan for health insurance from providing financial or other incentives to a participating provider based upon attaining a certain immunization administration rate or from imposing financial or other penalties on a participating provider who does not attain a certain immunization administration rate. Division II of 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). DIVISION III. Division III of the bill relates to exemptions from immunizations and vaccinations. Division III includes as a new exemption from immunizations otherwise required for a person’s enrollment in any elementary or secondary school or licensed child care center, an exemption based on the submission of a signed affidavit by the applicant, or if the applicant is a minor, by the applicant’s parent or legal guardian, stating that the immunization conflicts with the conscientiously held beliefs of the applicant, or if the applicant is a minor, of the applicant’s parent or legal guardian. Existing provisions direct the department of public health, in consultation with the director of the department of education, to adopt rules to implement this provision. This division of the bill also amends the current provision relating to an exemption based on religious beliefs of the applicant, or if the applicant is a minor, the applicant’s parent or legal guardian. DIVISION IV. Division IV of the bill relates to unfair or discriminatory practices based on a person’s vaccine status. Division IV amends Code chapter 216 (civil rights commission) to provide that it is an unfair or discriminatory practice for any owner, lessee, sublessee, proprietor, manager, or superintendent of any public accommodation or any agent or employee thereof to do certain things based on the basis of a person’s vaccination or immunity status. These unfair or discriminatory practices include: providing any disposition, service, financial aid, or benefit to the person which is different, or is provided in a different manner, from that provided to other members of the general public; subjecting the person to segregation or separate treatment in any matter related to that person’s receipt of any disposition, service, financial aid, or benefit provided to other members of the general public; restricting the person in any way in the enjoyment of any advantage or privilege enjoyed by other persons receiving any disposition, service, financial aid, or benefit provided to other members of the general public; treating the person differently from other persons in determining whether that person satisfies any admission, enrollment, quota, eligibility, membership, or other requirement or condition which a person must meet in order to be provided any disposition, service, financial aid, function, or benefit available to other members of the general public; and denying the person an opportunity to participate in a program through the provision of service or otherwise afford that person an opportunity to do so which is different from that afforded to other members of the general public. The delineation of the actions under this division of the bill as unfair or discriminatory practices provides a basis under Code chapter 216 for a person claiming to be aggrieved by the actions to file a complaint with the civil rights commission and to seek relief, judicial review, and enforcement. DIVISION V. Division V of the bill relates to prohibiting the connection of a person’s vaccination or immunity status to a state-issued driver’s license or state identification. Division V prohibits a driver’s license or a nonoperator’s identification card from including the vaccination or immunization status, immunity status, or test results relating to a communicable disease of the holder of any class of driver’s license or a nonoperator’s identification card. DIVISION VI. Division VI of the bill relates to the statewide immunization registry and the Iowa health information network (IHIN) and informed consent. Division VI requires the department of public health to require that a health care provider who administers vaccines and immunizations and is required to consult and review or report the administration of vaccines or immunizations to the statewide immunization registry or IHIN obtain written, informed consent from a patient, or if the patient is a minor, the patient’s parent or legal guardian, prior to reporting the administration of the vaccine or immunization to the statewide immunization registry or IHIN. The written, informed consent shall also provide the patient with the option of consenting to the sharing of the patient’s information with any entity with access to the information contained in the statewide immunization registry or IHIN. The health care provider shall submit a copy of the completed written, informed consent form to the statewide immunization registry or IHIN. A patient, or if the patient is a minor, the patient’s parent or legal guardian, may withdraw or amend the informed consent at any time. If informed consent is subsequently withdrawn, the patient’s information shall be deleted from the statewide immunization registry or IHIN. Additionally, only the information regarding the administration of vaccines or immunizations of a patient from whom written, informed consent has been obtained shall be reported to and included in the statewide immunization registry or IHIN. No other information, report, or record relating to a person from whom written, informed consent has not been obtained shall be maintained by the department or included in the statewide immunization registry or IHIN.