Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB933 Compare Versions

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 933
5	5	January 19, 2024 - Introduced by Senators CABRAL-GUEVARA, FELZKOWSKI and
6	6	NASS, cosponsored by Representatives GOEBEN, ALLEN, BEHNKE, BRANDTJEN,
7	7	DITTRICH, EDMING, MAXEY, MURPHY, RETTINGER, SAPIK, SCHUTT and WICHGERS.
8	8	Referred to Committee on Health.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 157.06 (15) (a) (intro.), 157.06 (15) (a) 5. and 157.06 (15) (b);
11	11	and to create 157.06 (2) (ze), 157.06 (15) (a) 4m. and 157.06 (16) of the statutes;
12	12	relating to: prohibiting discrimination in organ transplantation and donation
13	13	on the basis of an individual's vaccination status.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law prohibits hospitals and transplant hospitals from taking certain
16	16	actions related to organ transplantation solely on the basis of an individual's
17	17	disability. This bill expands these prohibitions to actions taken solely on the basis
18	18	of an individual's vaccination status. Under the bill, “vaccination status” means the
19	19	status of an individual having received or not received, for reasons of health, religion,
20	20	or personal conviction, one or more doses of a vaccine that 1) is authorized for
21	21	emergency use by the federal Food and Drug Administration, 2) operates through the
22	22	transfer of genetic material into humans, 3) has an annual dosing schedule, or 4) is
23	23	for the prevention of a disease against which the individual is protected, as shown
24	24	by an antibody titer. Specifically, the bill prohibits hospitals and transplant
25	25	hospitals from taking any of the following actions solely on the basis of an
26	26	individual's vaccination status: 1) considering the individual ineligible to receive an
27	27	anatomical gift; 2) denying the individual any services related to organ
28	28	transplantation; 3) refusing to refer the individual to a transplant hospital or an
29	29	organ transplant specialist to be evaluated for or receive an anatomical gift; 4)
30	30	refusing to place the individual on an organ transplant waiting list; and 5) placing
31	31	the individual on an organ transplant waiting list at a lower priority position than
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37	37	SENATE BILL 933
38	38	the position at which the individual would have been placed if not for the individual's
39	39	vaccination status. The bill also prohibits hospitals and transplant hospitals from
40	40	removing an individual from an organ transplant waiting list solely on the basis of
41	41	the individual's vaccination status or disability. In addition, the bill prohibits the
42	42	denial of insurance coverage for any procedure associated with being evaluated for
43	43	or receiving an anatomical gift solely on the basis of an individual's vaccination
44	44	status. The bill allows an individual to bring an action in circuit court for taking any
45	45	of these actions in violation of the bill. Under the bill, the court must hold a hearing
46	46	within 30 days of the filing of the action.
47	47	In addition, the bill prohibits any person from discriminating against an
48	48	individual in any matter relating to donating or receiving an anatomical gift on the
49	49	basis of the individual's vaccination status.
50	50	The people of the state of Wisconsin, represented in senate and assembly, do
51	51	enact as follows:
52	52	SECTION 1. 157.06 (2) (ze) of the statutes is created to read:
53	53	157.06 (2) (ze) “Vaccination status” means the status of an individual having
54	54	received or not received, for reasons of health, religion, or personal conviction, one
55	55	or more doses of a vaccine to which any of the following apply:
56	56	1. The vaccine is authorized for emergency use by the federal food and drug
57	57	administration under 21 USC 360bbb-3.
58	58	2. The vaccine operates through the transfer of genetic material into humans.
59	59	3. The dosing schedule for the vaccine is annual.
60	60	4. The vaccine is for the prevention of a disease against which the individual
61	61	has a sufficient concentration of antibodies in the individual's blood to confer
62	62	protection, as shown by an antibody titer.
63	63	SECTION 2. 157.06 (15) (a) (intro.) of the statutes is amended to read:
64	64	157.06 (15) (a) (intro.) Except as provided in pars. (c) and (d), no hospital or
65	65	transplant hospital may, solely on the basis of an individual's vaccination status or
66	66	disability, do any of the following:
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84	84	SECTION 3
85	85	SENATE BILL 933
86	86	SECTION 3. 157.06 (15) (a) 4m. of the statutes is created to read:
87	87	157.06 (15) (a) 4m. Remove the individual from an organ transplant waiting
88	88	list.
89	89	SECTION 4. 157.06 (15) (a) 5. of the statutes is amended to read:
90	90	157.06 (15) (a) 5. Place the individual on an organ transplant waiting list at
91	91	a lower priority position than the position at which the individual would have been
92	92	placed if not for the individual's vaccination status or if the individual did not have
93	93	a disability, unless the individual is placed at a lower priority position because the
94	94	individual's disability relates directly to the medical need of the individual to receive
95	95	the organ transplant and the individual's relative placement on the waiting list is
96	96	reflective of the individual's medical need for the organ transplant.
97	97	SECTION 5. 157.06 (15) (b) of the statutes is amended to read:
98	98	157.06 (15) (b) No person may refuse an individual insurance coverage for any
99	99	procedure associated with being evaluated for or receiving an anatomical gift,
100	100	including posttransplantation and posttransfusion care, solely on the basis of the
101	101	individual's vaccination status or physical or mental disability.
102	102	SECTION 6. 157.06 (16) of the statutes is created to read:
103	103	157.06 (16) DISCRIMINATION ON BASIS OF VACCINATION STATUS PROHIBITED. No
104	104	person may discriminate against an individual in any matter relating to donating or
105	105	receiving an anatomical gift on the basis of the individual's vaccination status.
106	106	(END)
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