Enacts the “No Patient Left Alone Act,” which fails to protect hospital in-patients & visitors from discrimination based on vaccination status

State: MO
Bill Number: HB 2116
Position: WATCH
Action Required: None
Status: Enacted, signed by Governor 6/30/2022, effective 8/28/2022

Legislation Details:

UPDATE: 6/30/2022 - HB 2116 signed by the Governor. The bill will go into effect on 8/28/2022. 

The version of HB 2116 that passed the House included the following to prohibit discrimination on Page 2 - A health care facility shall not discriminate against a patient by requiring the patient to have been vaccinated against any disease in order to receive treatment or visitation. 

The final truly agreed to version of HB 2116 removes this language indirectly allowing health care facilities to discriminate against patients based on their vaccination status in the area of receiving treatment or visitors.  This doesn't mean that health care facilities will discriminate, but the Senate Seniors, Families, Veterans and Military Affairs Committee chose not to include this protection in the bill when they passed the substitute and was truly agreed to and passed.  

In addition, the following language on pages 2 and 3 would allow health care facilities to prohibit visitors based on their vaccination status:

6. A health care facility may limit:

(3) Access of any person to a patient:

(g) If the health care facility has reasonable cause to suspect the person of being a danger or otherwise contrary to the health or welfare of the patient or resident, other patients or residents, or facility staff; or

(h) If, in the clinical judgment of the patient's or resident's attending physician, the presence of visitors would be medically or therapeutically contraindicated to the health or life of the patient or resident, and the attending physician attests to such in the patient's or resident's chart.

UPDATE: 5/18/2022 - HB 2116 delivered to Governor. The final version of the bill indirectly allows health care facilities to discriminate against visitors based on their vaccination status, and does not prohibit discrimination in this regard. 

UPDATE: 5/13/2022 - HB 2116 truly agreed to by both chambers after the House adopted the Senate substitute.

UPDATE:  5/11/2022 - HB 2116 passed the House Fiscal Review Committee in a 7-0 vote.

UPDATE: 5/10/2022 - HB 2116 passed the Senate with a substitute, which does not change NVIC's position on the bill. The language in this substitute still indirectly allows health care facilities to discriminate against visitors based on their vaccination status. The bill was referred to the House Fiscal Review Committee.

UPDATE: 5/5/2022 - HB 2116 placed on the Senate Informal Calendar. 

UPDATE: 5/3/2022 - HB 2116 passed the Senate Governmental Accountability and Fiscal Review Committee, following an executive session on 5/2/2022. 

UPDATE: 4/20/2022 - HB 2116 passed the  Senate Seniors, Families, Veterans & Military Affairs Committee with a substitute.

The substitute removes the provision that NVIC Advocacy supported, which prohibited health care facilities from discriminating against a patient by requiring the patient to have been vaccinated against any disease in order to receive treatment or visitation. NVIC Advocacy has moved to a "WATCH" position on this bill because the new language in the committee substitute indirectly allows health care facilities to discriminate against patients based on their vaccination status. 

NVIC does not agree with the change in the direction of the bill and supports the previous version. 

UPDATE: 4/12/2022 - HB 2116 was amended and passed the House on 3/9/2022.  The bill was combined with HB 2097, HB 1690 & HB 2221 and is scheduled for a hearing in the Senate Seniors, Families, Veterans & Military Affairs Committee on 4/13/2022 at 9:00 AM in SCR 1.  The amended version still contains the section in HB 2116 that NVIC Advocacy supports:

2. A health care facility shall not discriminate against a patient by requiring the patient to:

(3) Have been vaccinated against any disease in order to receive treatment or visitation.

UPDATE:  2/17/2022 - HB 2116 passed the House Downsizing State Government Committee on 2/16/2022.

UPDATE:  2/15/2022 - HB 2116 is scheduled for executive session in the House Downsizing State Government Committee on 2/16/2022 at 12:00 PM or upon adjournment (whichever is later) in House Hearing Room 5. Agenda - https://house.mo.gov/committees.aspx?cluster=true&category=all&committee=2671&year=2022&code=R

UPDATE: 1/20/2022 - Public Hearing Completed in the House on 1/19/2022

UPDATE:  1/18/2022 - HB 2116 is scheduled for a hearing in the House Downsizing State Government Committee on Wednesday, Jan. 19th at 11:00 AM in House Hearing Room 5. 

Agenda, witness registration, and other hearing information: https://house.mo.gov/AllHearings.aspx?nid=6455

HB 2116 was referred to the House Downsizing State Government Committee on 1/13/2022.  This bill is sponsored by Rep. Black. 

This bill establishes the "No Patient Left Alone Act".  The bill does multiple things, including prohibiting a health care professional or health care facility from discriminating against a patient by requiring the patient to be vaccinated against COVID-19 in order to receive treatment or visitation.

NVIC Advocacy supports this section and does not take a position on the rest of the bill. 

https://house.mo.gov/BillContent.aspx?bill=HB2116&year=2022&code=R&style=new - text, status and history for HB 2116