SLS 22RS-154 ORIGINAL 2022 Regular Session SENATE BILL NO. 37 BY SENATOR FESI HEALTH CARE. Prohibits denial of healthcare services based on vaccination status. (8/1/22) 1 AN ACT 2 To amend and reenact R.S. 46:437.11(A) and to enact R.S. 37:23.5 and R.S. 40:2007.2, 3 relative to healthcare services; to prohibit the denial of healthcare services based 4 upon vaccination status; to provide for healthcare services rendered by healthcare 5 professionals and in healthcare facilities; to provide for healthcare services rendered 6 to Medicaid enrollees; and to provide for related matters. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 37:23.5 is hereby enacted to read as follows: 9 §23.5. Denial of healthcare services based upon vaccination status prohibited 10 No healthcare provider licensed pursuant to this Title shall refuse to 11 provide any healthcare services to a patient on the basis of the patient's 12 vaccination history or because of the patient's refusal to receive a specific 13 vaccination or series of vaccinations or provide proof of immunity to a specific 14 disease. 15 Section 2. R.S. 40:2007.2 is hereby enacted to read as follows: 16 §2007.2. Denial of healthcare services based upon vaccination status prohibited 17 No healthcare provider licensed pursuant to this Title shall refuse to Page 1 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 37 SLS 22RS-154 ORIGINAL 1 admit or provide any healthcare services to a patient on the basis of the 2 patient's vaccination history or because of the patient's refusal to receive a 3 specific vaccination or series of vaccinations or provide proof of immunity to a 4 specific disease. 5 Section 3. R.S. 46:437.11(A) is hereby amended and reenacted to read as follows: 6 §437.11. Provider agreements 7 A. The department shall make payments from medical assistance programs 8 funds for goods, services, or supplies rendered to recipients to any person who has 9 a provider agreement in effect with the department, who is complying with all 10 federal and state laws and rules pertaining to the medical assistance programs, and 11 who agrees that no person shall be subjected to discrimination under the medical 12 assistance programs because of race, creed, ethnic origin, sex, age, vaccination 13 history, or physical condition. 14 * * * The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Brandi Cannon. DIGEST SB 37 Original 2022 Regular Session Fesi Proposed law provides that no licensed healthcare professional or healthcare facility shall refuse to provide any healthcare services to a patient on the basis of the patient's vaccination history or because of the patient's refusal to receive a specific vaccination or series of vaccinations or provide proof of immunity to a specific disease. Present law provides that healthcare providers participating in Medicaid shall not discriminate against a patient based upon race, creed, ethnic origin, sex, age, or physical condition. Proposed law adds vaccination history. Effective August 1, 2022. (Amends R.S. 46:437.11(A); adds R.S. 37:23.5 and R.S. 40:2007.2) Page 2 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.