MISSOURI — House Approves Bills Relating to Vaccine Mandates (HB 1686 and HB 2358 & 1485) The Missouri House has given first-round approval to two bills designed to protect Missourians from mandates that would take away their right to decide whether to receive a COVID-19 vaccination.
House members approved HB 1686 to make it clear that public entities such as government agencies and public schools cannot require a COVID-19 vaccination as a condition of employment. It also prohibits fines or other penalties based on an individual’s vaccination status. Additionally, it reaffirms an employee’s right to raise a religious objection to receiving a vaccination.
The bill’s sponsor said, “This bill doesn’t prevent anybody from receiving a COVID-19 vaccination. It doesn’t prevent businesses from having a COVID-19 vaccination requirement. It simply forbids government mandates with certain exceptions, and gives clarity to our businesses on how they offer those religious and medical exemptions for their employees.” He added, “We’re just trying to reestablish this exemption rule that has been working for other medical treatments prior to this whole pandemic.”
One supporter of the bill said he thinks it meets the needs of both sides. “It says that employers have a right to ask what they want from their employees to do what they think is safe, but it also respects the rights of the employees – their religious rights and their freedoms,” he said.
The House also approved HB 2358 & 1485 to clearly affirm the right of an employee to receive an exemption from a COVID-19 vaccine requirement if the employee requests one based on certain sincerely held beliefs. The bill clarifies the religious exemption includes theistic as well as non-theistic beliefs. The bill would require an employer to provide reasonable accommodations for the request unless clear and convincing evidence proves it would cause an undue hardship or be a direct threat to other employees or customers.
“This bill is about protecting employee rights in the state of Missouri,” said the bill’s sponsor. He added, “This is a very important thing that started at the federal government. We just want those rights and that ability to object to be recognized broadly in the state of Missouri.”
The sponsor noted his bill uses existing federal law to protect the rights of employees. He told his colleagues, “They deserve protections. They deserve what the president has told them they get – to recognize this religious exemption. That’s all I’m saying. Let them get what the president has promised to them. That’s not a wild and crazy idea. That’s the law.”
HB 2358 & 1485 also ensures an employee who is injured, disabled, or killed due to an employer-required COVID-19 vaccination would be compensated. The bill would treat the injuries resulting from the vaccine as an occupational disease. Additionally, an employee terminated or discharged for failing to comply with a COVID-19 vaccination requirement would still be eligible for unemployment benefits.
Both bills now require another vote in the House before moving to the Senate for consideration.
Rep. Perkins discussing legislation on the House Floor
House Gives Initial Approval to Medicaid Reform Constitutional Amendment (HJR 117)
The members of the Missouri House want voters to decide if key reforms should be enacted for the state’s growing Medicaid program. Lawmakers gave first-round approval to a proposed constitutional amendment that would make three key changes to the program if voters agree.
The measure’s sponsor said it would “put in place some measures to reform our state’s Medicaid program, which we widely agree is badly in need.” The sponsor noted it is a “multi-billion dollar program that has grown exponentially in recent years and is encroaching on our other budget priorities and is currently 40%, approximately, of the state budget.” He said, “This would enable us to manage it better and pose the question to the Missouri people if they’d like to approve it.”
One proposed change contained in the measure would clarify the legislature’s authority to appropriate based on population. In effect it would allow lawmakers to decide whether to appropriate funds for the Medicaid expansion population.
The sponsor explained to his colleagues, “My interpretation of the Supreme Court decision around Medicaid expansion from last year is that we have the expansion population coupled with the mandatory population, which is, as a whole, subject to appropriation.” He added, “This would enable us to uncouple those two parts of the program and appropriate for them independently. I think that could be very important in future years when and if potentially Medicaid becomes prohibitively expensive that it continues to encroach upon other priorities within our state budget.”
Another provision in the proposed change to the constitution would put work and community engagement requirements in place for Medicaid recipients ages 19 to 64. They would be required to work at least 80 hours each month, or participate in education, job skills training, community service, or other alternatives. The provision also allows the Department of Social Services to permit further exemptions from the requirements in areas of high unemployment, areas with limited economic or educational opportunities, areas that lack public transportation, or otherwise for good cause. Under the provision, the Department of Social Services is required to apply for a waiver from the federal government to put the work requirements in place.
The final component of HJR 117 would ensure Missouri’s Medicaid benefits are provided only to residents of the state. The sponsor said the change is meant to fix a problem that only occurs in Missouri.
“Missouri is subsidizing the other states’ Medicaid programs. If you have a Medicaid recipient from Illinois, or say Kansas, that comes to Missouri, that service provider is being paid by that respective state’s Medicaid program, and additionally, Missouri is adding to that payment and subsidizing those other states’ Medicaid programs,” he said.
The sponsor added that Missouri is the only state in the nation that provides the Medicaid extra payment. He said, “We’ve worked with the department over the course of the last several years to take that add-on payment… …and repurpose that and distribute it back into the state so that we’re keeping Missouri resources – a program that’s paid for by Missourians – in the state of Missouri and making it available to those who are actually Missouri residents.”
Representative Chad Perkins
Proudly Serving the 40th House District
Lincoln, Monroe, Pike, & Ralls Counties
Missouri House of Representatives
573-751-4028