Prohibits immunization incentives to be issued or used by insurance companies, schools, state & local government, health facilities, & employers

State: KY
Bill Number: HB 41
Position: SUPPORT
Action Required: NONE
Status: Died, failed to be referred to a standing committee by the House Committee on Committees before session on ended 4/15/2024

Legislation Details:

UPDATE: 4/15/2024 - HB 41 died, it failed to be referred to a standing committee by the House Committee on Committees before the session ended on 4/15/2024. 

HB 41 introduced and referred to the House Committee on Committees on 1/2/2024. This bill is sponsored by Representative Emily Callaway, Representative Marianne Proctor, Representative Josh Calloway, and Representative Steve Rawlings.

HB 41 would prohibit incentives for immunization administration to be issued or used by insurance companies, schools, state & local government, health facilities, & employers.

HB 41 would add new sections to several places in the Kentucky Revised Statutes, KRS to prevent incentives for administrating immunizations. Each section below has language to prohibit the organization from accepting, utilizing, or providing funding, directly or indirectly, for monetary or in-kind incentives for the immunization of any person.

 The sections with prohibitions are:

  • Chapter 18A: Health Coverage insurance coverage
    • A fully insured health benefit plan or self-insured plan for public employees
  • Chapter 158: Conduct of Schools
    •  A public or nonpublic elementary or secondary schools.
  • Chapter 164: State Universities and Colleges 
    • A public or nonpublic postsecondary educational institution.
  • Chapter 214: Diseases, .036 Exceptions to testing or immunization requirement
    • The Cabinet for Health and Family Services, or any other state or political subdivision agent or employee.
  • Chapter 216A: Licensing of Nursing Home Administrators
    • Health facility defined in KRS 216B.015 or health care provider 
  • Chapter 304: Insurance Code
    • Insurer includes any nongovernmental self-insurer, self-insured plan, self-insured group, or other entity that reimburses or provides benefits or coverage for health services
  • Chapter 338, Occupational Safety & Health of Employees, .015 Definition

NVIC SUPPORT HB41 because it would remove financial incentives from entities which currently promote or provide vaccines. There is a conflict of interest when administering vaccines trigger extra compensation. NVIC supports the right of very individual to make informed vaccination decisions, and all vaccines carry the risk of injury and death. It is possible that the entities listed in this bill may minimize the disclosure of the risks of vaccines in an effort to convince patients, parents, students, employees, or others to proceed with a vaccination because that would mean more profits for themselves, their business, or organization. Removing any additional payments received would provide a level of accountability to consumers and remove any potential conflicts of interest to enable better informed vaccination decisions. 

https://apps.legislature.ky.gov/record/24rs/hb41.html - text, status, and history of HB 41