Illinois 2025-2026 Regular Session

Illinois House Bill HB2597 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2597 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: New Act Creates the COVID-19 Religious Exemption Act. Provides that it shall be unlawful for any person, public or private institution, or public official to discriminate against any person in any manner because of such person's refusal to obtain, receive, or accept a COVID-19 vaccination contrary to his or her belief. Requires all health care facilities to adopt written access to care and information protocols that are designed to ensure that belief-based objections do not cause impairment of patients' health and that explain how belief-based objections will be addressed in a timely manner to facilitate patient care. Provides that it is unlawful for any public or private employer, entity, agency, institution, official, or person to deny admission because of, to place any reference in its application form concerning, to orally question about, to impose any burdens in terms or conditions of employment on, or to otherwise discriminate against, any applicant, in terms of employment, admission to or participation in any programs for which the applicant is eligible, or to discriminate in relation thereto, in any other manner, on account of the applicant's refusal to obtain, receive, or accept a COVID-19 vaccination that is against the applicant's beliefs. Provides that it is unlawful for any public official, guardian, agency, institution, or entity to deny any form of aid, assistance, or benefits, or to condition the reception in any way of any form of aid, assistance, or benefits, or in any other manner to coerce, disqualify, or discriminate against any person, otherwise entitled to such aid, assistance, or benefits, because that person refuses to obtain, receive, or accept a COVID-19 vaccination contrary to the person's belief. Allows any person injured by any public or private person, association, agency, entity, or corporation by reason of any action prohibited by the Act to bring an action. Provides that a person who brings an action shall recover threefold the actual damages, the costs of the action, and reasonable attorney's fees, but in no case shall recovery for each violation be less than $2,500 plus costs of the action and reasonable attorney's fees. Makes other changes. Effective immediately. LRB104 10337 JRC 20411 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2597 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: New Act New Act Creates the COVID-19 Religious Exemption Act. Provides that it shall be unlawful for any person, public or private institution, or public official to discriminate against any person in any manner because of such person's refusal to obtain, receive, or accept a COVID-19 vaccination contrary to his or her belief. Requires all health care facilities to adopt written access to care and information protocols that are designed to ensure that belief-based objections do not cause impairment of patients' health and that explain how belief-based objections will be addressed in a timely manner to facilitate patient care. Provides that it is unlawful for any public or private employer, entity, agency, institution, official, or person to deny admission because of, to place any reference in its application form concerning, to orally question about, to impose any burdens in terms or conditions of employment on, or to otherwise discriminate against, any applicant, in terms of employment, admission to or participation in any programs for which the applicant is eligible, or to discriminate in relation thereto, in any other manner, on account of the applicant's refusal to obtain, receive, or accept a COVID-19 vaccination that is against the applicant's beliefs. Provides that it is unlawful for any public official, guardian, agency, institution, or entity to deny any form of aid, assistance, or benefits, or to condition the reception in any way of any form of aid, assistance, or benefits, or in any other manner to coerce, disqualify, or discriminate against any person, otherwise entitled to such aid, assistance, or benefits, because that person refuses to obtain, receive, or accept a COVID-19 vaccination contrary to the person's belief. Allows any person injured by any public or private person, association, agency, entity, or corporation by reason of any action prohibited by the Act to bring an action. Provides that a person who brings an action shall recover threefold the actual damages, the costs of the action, and reasonable attorney's fees, but in no case shall recovery for each violation be less than $2,500 plus costs of the action and reasonable attorney's fees. Makes other changes. Effective immediately. LRB104 10337 JRC 20411 b LRB104 10337 JRC 20411 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2597 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
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55 Creates the COVID-19 Religious Exemption Act. Provides that it shall be unlawful for any person, public or private institution, or public official to discriminate against any person in any manner because of such person's refusal to obtain, receive, or accept a COVID-19 vaccination contrary to his or her belief. Requires all health care facilities to adopt written access to care and information protocols that are designed to ensure that belief-based objections do not cause impairment of patients' health and that explain how belief-based objections will be addressed in a timely manner to facilitate patient care. Provides that it is unlawful for any public or private employer, entity, agency, institution, official, or person to deny admission because of, to place any reference in its application form concerning, to orally question about, to impose any burdens in terms or conditions of employment on, or to otherwise discriminate against, any applicant, in terms of employment, admission to or participation in any programs for which the applicant is eligible, or to discriminate in relation thereto, in any other manner, on account of the applicant's refusal to obtain, receive, or accept a COVID-19 vaccination that is against the applicant's beliefs. Provides that it is unlawful for any public official, guardian, agency, institution, or entity to deny any form of aid, assistance, or benefits, or to condition the reception in any way of any form of aid, assistance, or benefits, or in any other manner to coerce, disqualify, or discriminate against any person, otherwise entitled to such aid, assistance, or benefits, because that person refuses to obtain, receive, or accept a COVID-19 vaccination contrary to the person's belief. Allows any person injured by any public or private person, association, agency, entity, or corporation by reason of any action prohibited by the Act to bring an action. Provides that a person who brings an action shall recover threefold the actual damages, the costs of the action, and reasonable attorney's fees, but in no case shall recovery for each violation be less than $2,500 plus costs of the action and reasonable attorney's fees. Makes other changes. Effective immediately.
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1111 1 AN ACT concerning civil law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title; references to Act.
1515 5 (a) Short title. This Act may be cited as the COVID-19
1616 6 Religious Exemption Act.
1717 7 (b) References to Act. This Act may be referred to as the
1818 8 Freedom Act.
1919 9 Section 5. Findings and policy. The General Assembly finds
2020 10 and declares that individuals, not government officials, have
2121 11 the right to make their own health care decisions and that they
2222 12 hold different beliefs about whether a COVID-19 vaccination is
2323 13 in their own best interests. It is the public policy of the
2424 14 State to respect and protect the right of all individuals to
2525 15 refuse to act contrary to their beliefs on their own behalf or
2626 16 the behalf of a minor or ward in their care to obtain, receive,
2727 17 or accept a COVID-19 vaccination, and to prohibit all forms of
2828 18 discrimination, disqualification, coercion, disability, or
2929 19 imposition of liability upon such individuals for refusing on
3030 20 their own behalf or on the behalf of a minor or ward in their
3131 21 care to act contrary to their beliefs in refusing to obtain,
3232 22 receive, or accept a COVID-19 vaccination. It is also the
3333 23 public policy of the State to ensure that individuals receive
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4040 Creates the COVID-19 Religious Exemption Act. Provides that it shall be unlawful for any person, public or private institution, or public official to discriminate against any person in any manner because of such person's refusal to obtain, receive, or accept a COVID-19 vaccination contrary to his or her belief. Requires all health care facilities to adopt written access to care and information protocols that are designed to ensure that belief-based objections do not cause impairment of patients' health and that explain how belief-based objections will be addressed in a timely manner to facilitate patient care. Provides that it is unlawful for any public or private employer, entity, agency, institution, official, or person to deny admission because of, to place any reference in its application form concerning, to orally question about, to impose any burdens in terms or conditions of employment on, or to otherwise discriminate against, any applicant, in terms of employment, admission to or participation in any programs for which the applicant is eligible, or to discriminate in relation thereto, in any other manner, on account of the applicant's refusal to obtain, receive, or accept a COVID-19 vaccination that is against the applicant's beliefs. Provides that it is unlawful for any public official, guardian, agency, institution, or entity to deny any form of aid, assistance, or benefits, or to condition the reception in any way of any form of aid, assistance, or benefits, or in any other manner to coerce, disqualify, or discriminate against any person, otherwise entitled to such aid, assistance, or benefits, because that person refuses to obtain, receive, or accept a COVID-19 vaccination contrary to the person's belief. Allows any person injured by any public or private person, association, agency, entity, or corporation by reason of any action prohibited by the Act to bring an action. Provides that a person who brings an action shall recover threefold the actual damages, the costs of the action, and reasonable attorney's fees, but in no case shall recovery for each violation be less than $2,500 plus costs of the action and reasonable attorney's fees. Makes other changes. Effective immediately.
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6868 1 timely access to information and medically appropriate care.
6969 2 Section 10. Definitions. As used in this Act:
7070 3 "Belief" means a sincerely held conviction based on an
7171 4 individual's religious faith, morals, or views on health care.
7272 5 "COVID-19 vaccination" means any vaccine intended to
7373 6 provide acquired immunity against severe acute respiratory
7474 7 syndrome coronavirus 2 (SARS-CoV-2), the virus that causes
7575 8 coronavirus disease 2019 (COVID-19), or any of its subsequent
7676 9 variants.
7777 10 "Health care facility" means any public or private
7878 11 hospital, clinic, center, medical school, medical training
7979 12 institution, laboratory or diagnostic facility, physician's
8080 13 office, infirmary, dispensary, ambulatory surgical treatment
8181 14 center, or other institution or location wherein COVID-19
8282 15 vaccinations are provided to any person, including physician
8383 16 organizations and associations, networks, joint ventures, and
8484 17 all other combinations of those organizations.
8585 18 "Health care personnel" means any nurse, nurses' aide,
8686 19 medical school student, professional, paraprofessional, or
8787 20 other person who furnishes or assists in furnishing a COVID-19
8888 21 vaccination.
8989 22 "Physician" means any person who is licensed by the State
9090 23 under the Medical Practice Act of 1987.
9191 24 "Undue delay" means unreasonable delay that causes
9292 25 impairment of the patient's health.
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103103 1 The above definitions include not only the traditional
104104 2 combinations and forms of these persons and organizations but
105105 3 also all new and emerging forms and combinations of these
106106 4 persons and organizations.
107107 5 Section 15. Discrimination. It is unlawful for any person,
108108 6 public or private institution, or public official to
109109 7 discriminate against any person in any manner, including, but
110110 8 not limited to, in relation to licensing, hiring, firing,
111111 9 promotion, transfer, appointment, or any other rights or
112112 10 privileges, because of the person's refusal, on the person's
113113 11 own behalf or on the behalf of a minor or ward in the person's
114114 12 care, to obtain, receive, or accept a COVID-19 vaccination
115115 13 contrary to the person's belief.
116116 14 Section 20. Duty of physicians and other health care
117117 15 personnel. Nothing in this Act shall relieve a physician from
118118 16 any duty, which may exist under any law concerning current
119119 17 standards of medical practice or care, to inform a patient of
120120 18 the patient's condition, prognosis, legal treatment options,
121121 19 and risks and benefits of treatment options. Nothing in this
122122 20 Act shall be construed to relieve a physician or other health
123123 21 care personnel from obligations under the law of providing
124124 22 emergency medical care.
125125 23 Section 25. Access to care and information protocols. All
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136136 1 health care facilities shall adopt written access to care and
137137 2 information protocols that are designed to ensure that
138138 3 belief-based objections do not cause impairment of patients'
139139 4 health and that explain how belief-based objections will be
140140 5 addressed in a timely manner to facilitate patient care. These
141141 6 protocols shall, at a minimum, address the following:
142142 7 (1) The health care facility, physician, or health
143143 8 care personnel shall inform a patient of the patient's
144144 9 condition, prognosis, legal treatment options, and risks
145145 10 and benefits of the treatment options in a timely manner,
146146 11 consistent with current standards of medical practice or
147147 12 care.
148148 13 (2) If requested by the patient or the legal
149149 14 representative of the patient, the health care facility,
150150 15 physician, or health care personnel shall (i) refer the
151151 16 patient to, (ii) transfer the patient to, or (iii) provide
152152 17 in writing information to the patient about other health
153153 18 care providers who they reasonably believe may refrain
154154 19 from requiring a COVID-19 vaccination in accordance with
155155 20 the beliefs of the patient or legal representative of the
156156 21 patient.
157157 22 (3) If requested by the patient or the legal
158158 23 representative of the patient, the health care facility,
159159 24 physician, or health care personnel shall provide copies
160160 25 of medical records to the patient or to another health
161161 26 care professional or health care facility designated by
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172172 1 the patient in accordance with State law, without undue
173173 2 delay.
174174 3 Section 30. Permissible acts related to access to care and
175175 4 information protocols. Nothing in this Act shall be construed
176176 5 to prevent a health care facility from requiring that
177177 6 physicians or health care personnel working in the facility
178178 7 comply with access to care and information protocols that
179179 8 comply with the provisions of this Act.
180180 9 Section 35. Discrimination by employers or institutions.
181181 10 It is unlawful for any public or private employer, entity,
182182 11 agency, institution, official, or person, including, but not
183183 12 limited to, a medical, nursing, or other medical training
184184 13 institution, to deny admission because of, to place any
185185 14 reference in its application form concerning, to orally
186186 15 question about, to impose any burdens in terms or conditions
187187 16 of employment on, or to otherwise discriminate against, any
188188 17 applicant, in terms of employment, admission, or participation
189189 18 in any programs for which the applicant is eligible, or to
190190 19 discriminate in relation thereto, in any other manner, on
191191 20 account of the applicant's refusal, on the applicant's own
192192 21 behalf or on the behalf of a minor or ward in the applicant's
193193 22 care, to obtain, receive, or accept a COVID-19 vaccination
194194 23 that is against the applicant's beliefs.
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205205 1 Section 40. Denial of aid or benefits. It is unlawful for
206206 2 any public official, guardian, agency, institution, or entity
207207 3 to deny any form of aid, assistance, or benefits, or to
208208 4 condition the reception in any way of any form of aid,
209209 5 assistance, or benefits, or in any other manner to coerce,
210210 6 disqualify, or discriminate against any person otherwise
211211 7 entitled to such aid, assistance, or benefits, because that
212212 8 person refuses, on the person's behalf or on the behalf of a
213213 9 minor or ward in the person's care, to obtain, receive, or
214214 10 accept a COVID-19 vaccination contrary to the person's belief.
215215 11 Section 45. Actions; damages. Any person injured by any
216216 12 public or private person, association, agency, entity, or
217217 13 corporation by reason of any action prohibited by this Act may
218218 14 commence an action therefor, and shall recover threefold the
219219 15 actual damages, including pain and suffering, sustained by the
220220 16 person, the costs of the action, and reasonable attorney's
221221 17 fees, but in no case shall recovery for each violation be less
222222 18 than $2,500 plus costs of the action and reasonable attorney's
223223 19 fees. These damage remedies shall be cumulative and not
224224 20 exclusive of other remedies afforded under any other State or
225225 21 federal law.
226226 22 Section 50. Other Acts. This Act supersedes all other Acts
227227 23 or parts of Acts to the extent that any Act or parts of an Act
228228 24 is inconsistent with the terms or operation of this Act.
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