Revision: May 3, 2022, 1:12 p.m.
Rep. Turcotte, Straf. 4
Rep. Osborne, Rock. 4
May 3, 2022
2022-1926h
05/04
Floor Amendment to SB 407-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to expanding Medicaid to include certain postpartum health care services and making an appropriation therefor and relative to exemptions from vaccine mandates.
Amend the bill by replacing all after section 4 with the following:
5 Legislative Findings. The general court finds that:
I. It is the longstanding public policy of New Hampshire to protect the rights of its citizens to live free; and
II. The state of New Hampshire has affirmed in statute the natural, essential, and inherent right to individual bodily integrity. Therefore, citizens shall have the right to choose what, if any, substances are injected into their bodies, including without limitation, any mandated vaccine.
6 New Subdivision; Labor; Protective Legislation; Exemption from Vaccination Mandates. Amend RSA 275 by inserting after section 77 the following new subdivision:
Exemption from Vaccination Mandates
275:78 Exemption from Vaccination Mandates; Public and Private Employers.
I. Any public or private employer that receives public funds from the federal or state government or any subdivision thereof, whether such funds are in the form of payment for contractual services, grants, or in any other form however denominated, and irrespective of the amount or level of such funding, and mandates any vaccine, inoculation, or immunization procedure, shall offer an employee the opportunity to submit a request for a medical, religious, or right of conscience exemption.
II. An employee's written request for exemption shall simply state: “I, (employee name), hereby submit a request for a medical, religious, or right of conscience exemption from the mandated vaccination or inoculation. [employee signature and date]”. Such request for exemption shall be granted. The employer may then work with the employee to see if an agreement for a reasonable accommodation can be reached.
III. If any provision of this section or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
7 New Chapter; Exemptions from Vaccination Mandates in
Postsecondary Educational Institutions. Amend RSA by inserting after chapter 200-N the following new chapter:
CHAPTER 200-O
EXEMPTIONS FROM VACCINATION MANDATES IN
POSTSECONDARY EDUCATIONAL INSTITUTIONS
200-O:1 Exemptions from Vaccination Mandates; Postsecondary Educational Institutions.
I. Any postsecondary educational institution that receives public funds from the federal or state government or any subdivision thereof, whether such funds are in the form of payment for contractual services, grants, or in any other form however denominated, and irrespective of the amount or level of such funding, and mandates any vaccine, inoculation, or immunization procedure, shall offer each student the opportunity to submit a request for a medical, religious, or right of conscience exemption.
II. A student's written request for exemption shall simply state: “I, (student name), hereby submit a request for a medical, religious, or right of conscience exemption from the mandated vaccination or inoculation. [student signature and date]”. Such request for exemption shall be granted. The school may then work with the student to see if an agreement for a reasonable accommodation can be reached.
200-O:2 Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
I. Section 4 of this act shall take effect March 31, 2027.
II. The remainder of this act shall take effect upon its passage.
2022-1926h
AMENDED ANALYSIS
This bill directs the department of health and human services to submit a state plan amendment to temporarily expand postpartum coverage under Medicaid, establishes a quarterly reporting requirement, and makes an appropriation to the department for the purpose of funding the postpartum health care services for a 12 month period. The program expansion is repealed March 31, 2027.
The bill also requires public employers, private employers, and postsecondary education institutions that receive public funds to accept an employee or student's request for exemption from a vaccination or other inoculation procedure on medical, religious, or right of conscience grounds.