West Virginia 2022 Regular Session

West Virginia House Bill HB4767

Introduced
2/15/22  

Caption

To prohibit vaccine requirements as a condition of being eligible for an organ transplant

Impact

The bill directly affects the operational standards of organ transplant centers in West Virginia, particularly those that participate in federally funded programs like Medicare or Medicaid. It mandates that these centers cannot deny individuals organ transplants based solely on their decision regarding the COVID-19 vaccine, as long as they meet other essential medical and psychosocial criteria for transplantation. By doing so, it aims to prevent any potential inequity in healthcare access that could arise from differing vaccine policies across health institutions.

Summary

House Bill 4767 aims to prohibit discrimination against individuals seeking organ transplants based on their COVID-19 vaccination status. Introduced by Delegate Conley, the bill establishes a new framework within the Code of West Virginia that ensures fair access to organ transplantation services without prejudice related to vaccine status. The primary intent is to guarantee that all qualifying individuals are treated fairly, particularly in light of the ongoing pandemic and varying levels of vaccination among the population.

Sentiment

Overall, the sentiment surrounding HB 4767 appears to be cautiously optimistic among supporters who believe that this legislation is a step towards ensuring equality in healthcare access. Advocates for the bill argue that it is essential for protecting patient rights during an unprecedented health crisis. However, concerns have been raised about possible implications for patient evaluations, particularly regarding how vaccine status might still be factored into clinical decisions, albeit within a more regulated context.

Contention

Notable points of contention may arise regarding the level of oversight needed to ensure compliance with the nondiscrimination provisions. While supporters view the bill as crucial for safeguarding patient rights, opponents may argue that the healthcare system needs the flexibility to consider vaccine status in a comprehensive medical assessment, especially in cases where it may be medically relevant. This tension reflects broader debates about public health policy, individual rights, and the ethical implications of mandated healthcare practices.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4076

Relating to prohibiting organ transplant recipient discrimination on the basis of vaccination status.

WV SB672

Prohibiting knowingly covering organ transplantation and related care under health insurance policies and the Medical Assistance program if the organ is transplanted in or originates from a country known to have participated in forced organ harvesting. (FE)

WV AB674

Prohibiting knowingly covering organ transplantation and related care under health insurance policies and the Medical Assistance program if the organ is transplanted in or originates from a country known to have participated in forced organ harvesting. (FE)

WV HB522

Health; prohibit certain health care providers and facilities from discriminating against potential organ transplant recipients due solely to their vaccine status

WV S539

Prohibiting COVID-19, mRNA vaccination and gene-altering procedures as a condition of entry

WV HB4510

Prohibit the requirement of a COVID-19 vaccination as a prerequisite for any state funded program or activity

WV HB2529

Prohibit the requirement of a COVID-19 vaccination as a prerequisite for any state funded program or activity

WV SB237

Prohibiting mandates for vaccines

WV SB49

Prohibiting mandates for vaccines

WV HB519

Organ donation; condition of donation or receipt on vaccine status prohibited, Attorney General authorized to enforce

Similar Bills

TX HB4076

Relating to prohibiting organ transplant recipient discrimination on the basis of vaccination status.

ME LD1055

An Act to Prohibit Discrimination in Access to Anatomical Donations and Organ Transplants

US HB2114

Block Organ Transplant Purchases from China Act of 2025

US HB1520

Charlotte Woodward Organ Transplant Discrimination Prevention Act

IL SB0087

ANATOMICAL DONATION

US SB1782

Charlotte Woodward Organ Transplant Discrimination Prevention Act

NY A10734

Prevents discrimination against persons with physical or mental disabilities in regards to organ donations.

GA HB522

Health; prohibit certain health care providers and facilities from discriminating against potential organ transplant recipients due solely to their vaccine status