Prohibits some insurance providers from requiring vaccination status in determining eligibility for coverage

State: LA
Bill Number: SB 141
Position: SUPPORT
Action Required: Contact your legislators and ask them to override governor's veto
Status: Vetoed by the Governor on 6/18/2022

Legislation Details:

UPDATE: 6/18/2022 -SB 141 was vetoed by Governor John Bel Edwards who stated in his veto message of June 18, 2022, that "...limiting the applicability of these protections to vaccination status only could serve to further complicate the already labyrinthine health insurance market. Furthermore, the inclusion of vaccination status only contributes to the false narrative that vaccines are anything other than safe, effective, and vital to protecting public health." He continued: "Protecting healthcare consumers requires a comprehensive examination and overhaul of state statutes."

On the contrary, one way to start protecting healthcare consumers like the Governor mentions, is to ensure that they will not be discriminated against based on their vaccination status, as provided for in SB 141, which also provided the same protection for property, casualty, and liability insurance.

NVIC maintains that no individual should be denied healthcare coverage simply based on their vaccination status. There are many valid reasons, including those related to the risk for vaccine complications that can be greater for some individuals and impacts their choice not to receive one or more government recommended vaccines. One way to begin removing complications in the health insurance market is to statutorily eliminate vaccination status requirements altogether.

The Louisiana Constitution allows the legislature to override a veto by the Governor, if a veto session is held and if the bill can gain a two-thirds vote of the members in both the State House of Representatives and Senate. In order for the legislature to override the Governor's veto of HB 54, the bill needs 70 votes in the House and 26 votes in the Senate.

UPDATE:  6/8/2022 - SB 141 sent to Governor.

UPDATE: 6/6/2022 - SB 141 passed and enrolled on 6/6/2022. The final enrolled version prohibits discrimination against vaccination status in health, property, casualty, and liability insurance plans.  The prohibitions do not apply to life insurance or annuity products, retirement plans, long-term care insurance, disability income insurance, reinsurance, or dental, vision, and other supplemental benefit products.  The bill also does not prohibit an insurer from incentivizing or rewarding an individual, family member, or business for voluntarily submitting vaccination status with respect to a wellness or health improvement program as provided for in R.S. 22:1017.  See full text of enrolled version - http://www.legis.la.gov/legis/ViewDocument.aspx?d=1287911 

UPDATE: 6/5/2022 - Senate concurred with House amendments to SB 141. 

UPDATE:  6/3/2022 - SB 141 passed the full House by a vote of 70 yes, 23 no and 12 absent.  The bill is on the calendar for concurrence in the Senate for 6/5/2022.  

UPDATE:  5/27/2022 - SB 141 is scheduled for House floor debate on 5/31/2022.

UPDATE:  5/26/2022 - SB 141 is scheduled for House floor debate.

UPDATE: 5/16/2022 - SB 141 is pending final passage by the House.

UPDATE: 5/11/2022 - SB 141 was amended and passed by the House Insurance Committee. The committee redigest states that the adopted amendments make technical changes, and that they also add that the bill "does not prohibit an insurer from incentivizing or rewarding an individual, family member, or business for voluntarily submitting vaccination status with respect to a wellness or health improvement program as provided for in present law (R.S. 22:1017)."

UPDATE:  5/6/2022 - SB 141 is scheduled for hearing in the House Insurance Committee on Wednesday, May 11th at 9:30 AM in Committee Room 2. Agenda - https://legis.la.gov/archive/2022/hseins0511.pdf

UPDATE: 4/18/2022 - SB 141 referred to House Insurance Committee

UPDATE: 4/12/2022 - SB 141 passed the Senate in a 22-13 vote. 

UPDATE: 4/7/2022 - SB 141 is on the Senate Calendar for 4/11/2022 for third reading and final passage.

UPDATE: 4/6/2022 - SB 141 passed the Senate Committee on Insurance with an amendment. The amendment excludes life insurance, annuity products, retirement plans, long-term care insurance, disability income insurance, reinsurance, dental, vision, and other supplemental benefit products from the bill's provisions, which prohibit insurance companies from requiring vaccination status in determining eligibility for coverage. This is a bad amendment and should be removed.  Everybody should be protected from discrimination based on vaccination status regardless of what type of insurance policy a person has. 

Amended version of the bill: https://www.legis.la.gov/legis/ViewDocument.aspx?d=1267326

UPDATE:  4/5/2022 - SB 141 is scheduled for a hearing in the Senate Committee on Insurance on Wednesday, April 6th, at 10:00 AM in Room A-B. Agenda - https://legis.la.gov/archive/2022/senins0406.pdf

SB 141 is sponsored by Senator Morris and would do the following:

Prohibits an insurer from requiring or requesting that an individual, family member, or business applying or enrolling for coverage under the insurance plan, or an individual, family member, or business presently covered under the insurance plan, provide a vaccination status.

Prohibits an insurer from requiring or requesting that a business applying or enrolling for coverage under the insurance plan, or a business presently covered under the insurance plan, adopt policies and procedures for vaccination status or provide information as to whether such policies and procedures have been adopted.

Prohibits an insurer, in determining the eligibility for coverage, establishing premiums, limiting coverage, or any other underwriting purposes for an individual, family member, or business that applies or enrolls for coverage under the insurance plan, or an individual, family member, or business presently covered, from doing the following:

(1) Requiring, requesting, or purchasing information on an individual's, family

member's, or business's vaccination status.

(2) Requiring or requesting that an individual, family member, or business receive a

vaccine as a requirement for coverage.

(3) Terminating, denying, restricting, limiting, excluding, or otherwise applying

conditions on any individual, family member, or business based on vaccination

status.

(4) Imposing a rider that excludes coverage for certain benefits or services under the

insurance plan, or restricting the sale of the insurance plan based on the individual's,

family member's, or business's vaccination status.

(5) Establishing differentials in premium rates or cost sharing for coverage under the

insurance plan based on the individual's, family member's, or business's vaccination

status.

(6) Otherwise discriminating against an individual, family member, or business in the

provisions of the insurance plan based on the individual's, family member's, or business's vaccination    status.

Would go into effect August 1, 2022.

http://www.legis.la.gov/legis/BillInfo.aspx?i=242052 - text, status and history for SB 141