HF 4046

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 05:19pm

A bill for an act
relating to health; prohibiting discrimination based on vaccination status or
immunity passport; proposing coding for new law in Minnesota Statutes, chapter
144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.2931] VACCINATION STATUS; IMMUNITY PASSPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Findings. new text end

new text begin The legislature finds that health care information is personal
and sensitive information that if improperly used or released may significantly harm a
person's interest in privacy and health care. Medical records are within the zone of privacy
that is protected under law and the Minnesota and United States Constitution.
new text end

new text begin Subd. 2. new text end

new text begin Prohibiting discrimination based on vaccination status or possession of
immunity passport. new text end

new text begin (a) Except as provided in subdivision 3, it is an unlawful discriminatory
practice for:
new text end

new text begin (1) a person or governmental entity to refuse, withhold from, or deny to a person any
local or state services, goods, facilities, advantages, privileges, licensing, educational
opportunities, health care access, or employment opportunities based on the person's
vaccination status or whether the person has an immunity passport;
new text end

new text begin (2) an employer to refuse employment to a person, bar a person from employment, or
discriminate against a person in compensation or in any term, condition, or privilege of
employment based on the person's vaccination status or whether the person has an immunity
passport; or
new text end

new text begin (3) a public accommodation to exclude, limit, segregate, refuse to serve, or otherwise
discriminate against a person based on the person's vaccination status or whether the person
has an immunity passport.
new text end

new text begin (b) For purposes of this section, "vaccination status" means an indication of whether a
person has received one or more doses of a vaccine, and "immunity passport" means a
document, digital record, or software application indicating that a person is immune to a
disease either through vaccination or infection and recovery.
new text end

new text begin (c) This section does not apply to vaccination requirements for schools or child care
facilities in section 121A.15.
new text end

new text begin (d) A person, a governmental entity, or an employer does not unlawfully discriminate
under this section if the person, governmental entity, or employer recommends that an
employee receive a vaccine.
new text end

new text begin (e) A health care facility under chapter 144A or 144G does not unlawfully discriminate
under this section if the facility complies with the following:
new text end

new text begin (1) requests an employee to volunteer the employee's vaccination or immunization status
for the purpose of determining whether the health care facility should implement reasonable
accommodation measures to protect the safety and health of employees, patients, visitors,
and other persons from communicable diseases. A health care facility may consider an
employee to be nonvaccinated or nonimmune if the employee declines to provide the
employee's vaccination or immunization status to the health care facility for purposes of
determining whether reasonable accommodation measures must be implemented; and
new text end

new text begin (2) implements reasonable accommodation measures for employees, patients, visitors,
and other persons who are not vaccinated or not immune to protect the safety and health of
employees, patients, visitors, and other persons from communicable diseases.
new text end

new text begin (f) An individual shall not be required to receive any vaccine whose use is allowed under
an emergency use authorization or any vaccine undergoing safety trials.
new text end

new text begin Subd. 3. new text end

new text begin Exemption. new text end

new text begin A licensed nursing home, long-term care facility, or assisted living
facility is exempt from compliance with this section during any period of time that
compliance would result in a violation of regulations or guidance issued by the Centers for
Medicare and Medicaid Services or the Centers for Disease Control and Prevention.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end