WEST VIRGINIA LEGISLATURE

2023 REGULAR SESSION

Introduced

House Bill 2376

By Delegates Hott and Ridenour

[Introduced January 11, 2023; Referred to the Committee on Health and Human Resources then the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-4d, relating to the prohibition of discrimination based upon the vaccine status of an individual.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.

§16-3-4d. Prohibiting discrimination based upon vaccine status.

It shall be an unlawful discriminatory practice for a healthcare provider to provide lesser or disparate treatment to a patient based upon their vaccination status. A healthcare provider may implement reasonable accommodation measures to protect the safety and health of employees, patients, visitors, and other persons from COVID-19; however, a healthcare provider may not refuse to treat a patient based upon their vaccination status, nor may they provide lesser or disparate treatment to patients based upon that vaccination status.

NOTE: The purpose of this bill is to ensure that hospitals do not provide lesser treatment to unvaccinated individuals as opposed to vaccinated individuals.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.