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UPDATE: 6/24/2022 - HB 1604 was signed by the Governor and enacted as Chapter 269, effective 8/23/2022. NVIC Advocacy supported HB 1604 as it was introduced, however the position was changed when the House Finance Committee amended the bill by allowing employers to deny the request for a religious exemption in cases in which there is a compelling rationale or evidence to believe the employee is acting fraudulently opens the door for employers to challenge the sincerity of an individual's personal, sincerely held religious beliefs and this is wrong.
Also, making medical exemptions subject to documentation as required under federal regulations promulgated by the Centers for Medicare and Medicare Services will severely limit medical exemptions. CMS allows medical exemptions based on "recognized clinical contraindications" and CMS guidance defines those as conditions or risks that precludes the administration of a treatment or intervention with regard to recognized clinical contraindications to receiving a COVID-19 vaccine, facilities should refer to the CDC informational document, Summary Document for Interim Clinical Considerations for Use of COVID-19 Vaccines Currently Authorized in the United States, accessed at https://www.cdc.gov/vaccines/covid[1]19/downloads/summary-interim-clinical-considerations.pdf. These contraindications only include anaphylaxis and history of known diagnosed allergy to a component of the vaccine.
UPDATE: 5/13/2022 - House concurs with Senate amendment to HB 1604.
UPDATE: 5/5/2022 - HB 1604 passed the Senate with an amendment that is unrelated to vaccines.
UPDATE: 4/26/2022 - HB 1604 passed the Senate Finance Committee in a 6-0 vote.
UPDATE: 4/21/2022 - HB 1604 passed the Senate and was referred to the Senate Finance Committee.
UPDATE: 4/14/2022 - HB 1604 passed the Senate Health and Human Services Committee with an amendment.
The amendment contains minor changes which do not alter NVIC Advocacy's position on the bill.
UPDATE: 4/8/2022 - HB 1604 scheduled for hearing in the Senate Health and Human Services Committee on Thursday, April 14th at 11:50 AM in the State House Reps Hall. Agenda - https://www.gencourt.state.nh.us/senate/schedule/eventDetails.aspx?event=7381&et=1
UPDATE: 3/31/2022 - HB 1604 referred to Senate Health and Human Services Committee.
UPDATE: 3/31/2022 - HB 1604 passed the House on 3/31/2022.
UPDATE: 3/24/2022 - HB 1604 passed the House Finance Committee with an amendment. The bill now only pertains to individuals who fall under the federal CMS Vaccine Mandate, and no longer guarantees that a religious exemption will be granted, allowing an employer to deny a religious exemption "in cases in which there is a compelling rationale or evidence to believe the employee is acting fraudulently."
Medical exemptions must include supporting documentation as required under federal regulations promulgated by CMS. In addition, the bill outlines record keeping procedures employers must follow for these exemptions.
NVIC Advocacy has changed the title of this bill from "Prohibits public healthcare providers from requiring COVID-19 vaccination to provide services" to "Limits religious and medical exemptions for individuals under federal CMS vaccine mandate." NVIC Advocacy no longer takes a "support" position on this bill based on the amendment by the House Finance Committee.
Specifically, to allow employers to deny the request for a religious exemption in cases in which there is a compelling rationale or evidence to believe the employee is acting fraudulently opens the door for employers to challenge the sincerity of an individual's personal, sincerely held religious beliefs and this is wrong.
Also, making medical exemptions subject to documentation as required under federal regulations promulgated by the Centers for Medicare and Medicare Services will severely limit medical exemptions. CMS allows medical exemptions based on "recognized clinical contraindications" and CMS guidance defines those as conditions or risks that precludes the administration of a treatment or intervention with regard to recognized clinical contraindications to receiving a COVID-19 vaccine, facilities should refer to the CDC informational document, Summary Document for Interim Clinical Considerations for Use of COVID-19 Vaccines Currently Authorized in the United States, accessed at https://www.cdc.gov/vaccines/covid[1]19/downloads/summary-interim-clinical-considerations.pdf. These contraindications only include anaphylaxis and history of known diagnosed allergy to a component of the vaccine.
Finally, the CMS mandate is currently making its way through the court system and could be overturned. UPDATE: 3/23/2022 - HB 1604 scheduled for executive session in House Finance Committee.
UPDATE: 3/21/2022 - HB 1604 scheduled for House Finance Division III work session.
UPDATE 2/16/2022 - HB 1604 referred to House Finance Committee.
UPDATE: 2/17/2022 - HB 1604 passes the House as amended with Medicaid/Medicare Carve out to accept religious exemptions by a final vote 176-174.
UPDATE: 2/9/2022 - HB 1604 passed the House Health, Human Services and Elderly Affairs Committee in an 11-10 vote with an amendment to say if the facility takes payment from Medicaid or Medicare, they have to grant a religious exemption if requested.
UPDATE: 2/4/2022 - HB 1604 is scheduled for executive session in the House Health, Human Services and Elderly Affairs Committee on Tuesday, Feb. 8th at 9:30 AM in Legislative Office Building Room 210-211.
UPDATE: 1/20/2022 - HB 1604 is scheduled for a hearing in the House Health, Human Services and Elderly Affairs Committee on Tuesday, Feb. 1st at 10:45 AM in Legislative Office Building Room 210-211.
HB 1604 was introduced on 1/5/2022 and referred to the House Health, Human Services & Elderly Affairs Committee. This bill is sponsored by Representative Cushman, along with multiple cosponsors.
HB 1604 repeals the exemption to current law RSA 141-C:1-a Medical Freedom in Immunizations for county nursing homes, the New Hampshire state hospital, and other medical facilities and providers operated by the state and local governments. This bill prohibits these entities from requiring individuals to be vaccinated against COVID-19 in order to access to their facilities or to receive services.
http://gencourt.state.nh.us/bill_status/legacy/bs2016/bill_docket.aspx?lsr=2142&sy=2022&sortoption=&txtsessionyear=2022&txtbillnumber=HB1604 - text, status, and history of HB 1604
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