Bill Restricting Employer COVID Vaccine Mandates Passes Indiana House
By Whitney Downard
CNHI Statehouse Reporter
INDIANAPOLIS — A bill placing restrictions on employers who mandate the COVID-19 vaccine narrowly passed the House 57-35 Tuesday, Jan. 18, with eight Republicans joining Democrats in opposition.
Rep. Matt Lehman, R-Berne, said that his bill would let employers mandate vaccines for their employees as long as they provide exemptions and a testing-out option. In a right-to-work state, Lehman said, the bill needed to be about protecting Hoosier workers.
Locally, Dist. 18 State Rep. Craig Snow voted yes and District 22 State Rep. Curt Nisly was one of eight Republicans who voted no.
“Where do the rights (of the employer) begin and where do the rights of the employees end?” he asked. “This is about the people who are affected.”
Employers requiring vaccines for their workforce must accept religious and medical exemptions as well as antibody testing for employees who recently contracted COVID-19. Employees may also opt for testing at the employer’s expense, which the state will reimburse.
The bill received “no” votes from Democrats or conservatives; the latter group spent time spreading disinformation about the vaccine’s safety and COVID-19 treatments.
Rep. Ed DeLaney, D-Indianapolis, advocated for leaving businesses to make their own decisions, highlighting problems with forcing employers to accept religious exemptions at face value.
“Liars and hypocrites and chickens can sign a piece of paper saying they have a religious exemption, and their employer must take it … without further inquiry,” DeLaney said.
If employers are limited in evaluating religious exemptions, this could produce confusion for health care entities operating under a federal order to vaccinate their workforces. The Centers for Medicare & Medicaid Services say religious exemptions must be documented, according to federal law.
CMS guidance states: “Surveyors will not evaluate the details of the request for a religious exemption, nor the rationale for the facility’s acceptance or denial of the request. Rather, surveyors will review to ensure the facility has an effective process for staff to request a religious exemption for a sincerely held religious belief.”
CMS could withhold funding from facilities that don’t achieve 100% vaccination by March 15.