DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Barrow HB No. 451
Abstract: Requires hospitals to offer pertussis (whooping cough) vaccinations to parents of
newborns.
Present law requires each hospital in the state to provide parents of newborns educational
information on pertussis (whooping cough) and the availability of a vaccine to protect against
contracting the disease.
Proposed law revises present law to add requirement that each hospital in the state offer the
pertussis vaccine to each parent of a newborn. Proposed law provides that if the person to whom
the vaccine is offered declines to be vaccinated, the hospital shall provide information on the
vaccine to the person in accordance with present law.
Proposed law stipulates that a hospital shall not be required to offer the vaccine, as provided in
proposed law, to any person who has already received the vaccine or for whom such vaccination
is medically inappropriate.
Proposed law provides that nothing in proposed law shall be construed to require any of the
following:
(1)Administration of the pertussis vaccine, contingent upon its availability, by a hospital if
the hospital cannot be compensated for administration of the vaccine at the normal or
prevailing rate which is at least equal to the product cost plus any administrative costs for
delivering the immunization over and above the reimbursement level for inpatient care.
(2)Provision of the pertussis vaccine to any person or health care provider by the Department
of Health and Hospitals.
(3)Financing of pertussis vaccine administration by the Dept. of Health and Hospitals
through any program or service of the department other than one which may presently
cover such vaccination.
(4)Obligation for payment by a person or his insurer for pertussis vaccination.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2022) Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Changed the provision that proposed law shall be not be construed to require
uncompensated administration of the pertussis vaccine by a hospital to a provision
that proposed law shall be not be construed to require the administration of the
pertussis vaccine by a hospital if the hospital cannot be compensated for
administration of the vaccine at the normal or prevailing rate which is at least equal to
the product cost plus any administrative costs for delivering the immunization over
and above the reimbursement level for inpatient care.