SB 933 — Relating to: prohibiting discrimination in organ transplantation and donation on the basis of an individual's vaccination status.

-Date 2024of LEGISLATUREenactment: LRB-5626/1 KMS:skw/amn/wlj SENATE BILL 933 January 19, 2024 - Introduced by Senators C ABRAL- GUEVARA , FELZKOWSKI and N ASS, cosponsored by Representatives G OEBEN , ALLEN, BEHNKE , BRANDTJEN , D ITTRICH, DMING , MAXEY , MURPHY, RETTINGER , APIK, SCHUTT and W ICHGERS.

ReferredSenate toBill Committee933 onDate Health.of publication*:

WISCONSIN ACT A N A CT to amendamend157.06 157.06 (15) (a) (intro.), 157.06 (15) (a) 5.

andtoand to create 157.06 (2) (ze), 157.06 (15) (a) 4m.

prohibiting discrimination in organ transplantation and donationdona- tion on the basis of an individual'sindividual’s vaccination status.

AnalysisThe bypeople theof Legislative Reference Bureau Current law prohibits hospitals and transplant hospitals from taking certain actions related to organ transplantation solely on the basisstate of anWisconsin, individual'srepresented disability.in SECTION 3.

This157.06 bill(15) expands(a) these4m. prohibitions to actions taken solely on the basis of an individual's vaccination status.

Underof the bill,statutes “vaccination status” means the status of an individual having received or not received, for reasons of health, religion, or personal conviction, one or more doses of a vaccine that 1) is authorizedcre- forsenate emergency use by the federal Food and Drugassembly, Administration,do 2)enact operates through the transfer of genetic material into humans, 3) has an annual dosing schedule, or 4) is for the prevention of a disease against which the individual is protected, as shownfollows: by an antibody titer.

Specifically,ated theto billread: prohibits hospitals and transplant hospitals from taking any of the following actions solely on the basis of an individual's vaccination status:

1)157.06 considering(15) the(a) individual4m. ineligible to receive an anatomical gift;

2)Remove denying the individual anyfrom servicesan relatedSECTION to1. organ transplantation;

3) refusing to refer the individual to a transplant hospital or an organ transplant specialist to be evaluated for or receive an anatomical gift;

4) refusing to place the individual on an organ transplant waiting list;

and 5) placing the individual on an organ transplant waiting list at a lower priority position than - 2024 Legislature - 2 - LRB-5626/1 KMS:skw/amn/wlj SENATE BILL 933 the position at which the individual would have been placed if not for the individual's vaccination status.

The bill also prohibits hospitals and transplant hospitals from removing an individual from an organ transplant waiting list solely on the basis of the individual's vaccination status or disability.

In addition, the bill prohibits the denial of insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift solely on the basis of an individual's vaccination status.

The bill allows an individual to bring an action in circuit court for taking any of these actions in violation of the bill.

Under the bill, the court must hold a hearing within 30 days of the filing of the action.

In addition, the bill prohibits any person from discriminating against an individual in any matter relating to donating or receiving an anatomical gift on the basis of the individual's vaccination status.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1.

157.06organ (2)transplant (ze)waiting “Vaccinationlist. status” means the status of an individual having received or not received, for reasons of health, religion, or personal conviction, one or more doses of a vaccine to which any of the following apply:

1.157.06(2) (ze) “Vaccination status” means the status SECTION 4.

The157.06 vaccine(15) is(a) authorized5. for emergency use by the federal food and drug administration under 21 USC 360bbb-3.

2.of the statutes is of an individual having received or not received, for rea- amended to read:

Thesons vaccineof operateshealth, throughreligion, theor transferpersonal ofconviction, geneticone materialor into157.06 humans.(15) (a) 5.

Place the individual on an organ more doses of a vaccine to which any of the following transplant waiting list at a lower priority position than the apply:

position at which the individual would have been placed 1.

The vaccine is authorized for emergency use by the if not for the individual’s vaccination status or the indi- federal food and drug administration under 21 USC vidual did not have a disability, unless the individual is 360bbb−3.

placed at a lower priority position because the individu- 2.

The vaccine operates through the transfer of al’s disability relates directly to the medical need of the genetic material into humans.

individual to receive the organ transplant and the individ- 4.

The vaccine is for the prevention of a disease againstual’s whichrelative theplacement individualon hasthe awaiting sufficientlist concentrationis reflective of antibodies in the individual'sindividual’s bloodmedical toneed conferfor protection,the asorgan showntransplant. by an antibody titer.

against which the individual has a sufficient concentra- SECTION 5.

157.06 (15) (b) of the statutes is amended tion of antibodies in the individual’s blood to confer pro- to read:

tection, as shown by an antibody titer.

157.06 (15) (a) (intro.) of the statutes is 157.06 (15) (b) No person may refuse an individual amended to read:

157.06insurance (15)coverage for any procedure associated with 157.06(15) (a) (intro.) Except as provided in pars.

(c) being evaluated for or receiving an anatomical gift, and (d), no hospital or transplant hospital may, solely on including posttransplantation and posttransfusion care, the basis of an individual'sindividual’s vaccination status or disability,disabil- solely on the basis of the individual’s vaccination status ity, do any of the following:

LRB-5626/1or -physical 2024or Legislaturemental -disability. 3 - KMS:skw/amn/wlj SECTION 3 SENATE BILL 933 SECTION 3.