HF 3820

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/28/2022 02:12pm

A bill for an act
relating to human rights; prohibiting discrimination based on an individual's
vaccination status; proposing coding for new law in Minnesota Statutes, chapters
62A; 363A.

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

Section 1.

[62A.083] NONDISCRIMINATION BASED ON VACCINATION STATUS.

(a) No health plan shall:

(1) deny, reduce, or limit benefits to an individual based on the individual's vaccination
status; or

(2) charge or impose a higher premium based on an individual's vaccination status.

(b) Nothing in this section requires a health carrier to provide services or cover a benefit
that is not covered under the individual's health plan.

Sec. 2.

[363A.51] NONDISCRIMINATION BASED ON VACCINATION STATUS.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given.

(b) "Anatomical gift" has the meaning given in section 525A.02, subdivision 4.

(c) "Health care facility" means a hospital, including a hospital's intensive care unit or
emergency room, outpatient surgical center, diagnostic facility, urgent care clinic, nursing
facility, intermediate care facility, assisted living facility, or residential treatment facility.

(d) "Health care practitioner" means a health care professional licensed to provide a
health care service.

(e) "Organ transplant" has the meaning given in section 363A.50, subdivision 1, paragraph
(f).

Subd. 2.

Prohibiting discrimination.

(a) A health care practitioner or health care facility
must not on the basis of an individual's vaccination status:

(1) deny, limit, or refuse to provide medically necessary health care services;

(2) deny or refuse to admit an individual to a health care facility;

(3) deem an individual ineligible to receive an anatomical gift or organ transplant; or

(4) refuse to place an individual on an organ transplant waiting list.

(b) Notwithstanding paragraph (a), a health care facility or health care practitioner may
take into account when making treatment or coverage recommendations or decisions any
health-related concerns that are found by a health care practitioner following an evaluation
of the individual that is determined to be medically significant to the provision of a health
care service, treatment, anatomical gift, or organ transplant.

(c) Nothing in this section requires the performance of unnecessary or inappropriate
health care services. Nothing in this section requires a health care practitioner or health care
facility to endanger the safety of patients or staff. A health care practitioner or health care
facility may make reasonable modifications to a policy, practice, or procedure when such
modifications are necessary to ensure the safety of patients and staff so long as the health
care practitioner or health care facility takes the necessary steps to ensure that no individual
is denied services solely on the basis of the individual's vaccination status.

Subd. 3.

Remedies.

In addition to all other remedies available under this chapter, any
individual who has been subjected to discrimination in violation of this section may initiate
a civil action in a court of competent jurisdiction to enjoin violations of this section.

EFFECTIVE DATE.

This section is effective the day following final enactment.