HELENA, Montana (AP) – Greg Gianforte, governor of Montana, has proposed changes to a bill to prevent discrimination based on vaccination status. The changes appear to address concerns from health organizations.
The law, passed by both Houses of Legislature, would have prohibited employers from requiring vaccinations as a condition of employment.
The Montana Hospital Association and other organizations argued that the bill could prevent them from examining potential employees and prohibiting them from requiring vaccines from employees who have direct contact with patients and the public. They said the bill could result in all staff wearing masks and facilities to limit visitor numbers.
Republican Gianforte proposed an amendment on Wednesday that was approved by parliament. It made it clear that workers can voluntarily provide their vaccine records and that employers will not be seen as discriminatory if they take reasonable precautions, e.g. B. Masks for workers who have not been vaccinated or who choose not to reveal their vaccination status.
Gianforte’s amendment also states that nursing homes, long-term care facilities and assisted living facilities are exempt from the bill if compliance violates regulations or guidelines from the Centers for Medicare and Medicaid Services or the Centers for Disease Control and Prevention would be violated.
The Senate should respond to the changes on Thursday.
The bill alleviates some, but not all, concerns of medical groups, said Katy Peterson, spokeswoman for the Montana Hospital Association. While the change would exempt nursing homes from the provisions of the law, it does not include the same exception for hospitals to meet federal guidelines.
“Hospitals treat very sick and vulnerable populations – the same ones that nursing homes care for,” she said along with babies in intensive care units for newborns, chemotherapy patients and others.
“Concerns remain about the ability of hospitals to protect patient and worker safety,” said Peterson. This could have an impact on the cost and coverage of medical liability, and affect workers’ compensation costs due to workplace risks.
Proponents of the bill included some employees of the Benefis Health System in Great Falls, who announced that their employees would need the COVID-19 vaccine to keep their jobs.
Under the bill, employers will not be allowed to require workers to receive vaccinations that are distributed under an emergency permit under which the Food and Drug Administration has approved the administration of COVID-19 shots.
The Centers for Medicare and Medicaid Services on Tuesday proposed a new rule requiring hospitals to report vaccination rates among health workers, Peterson said.
Great Falls Republican MP Ed Buttrey said Wednesday he was surprised that the governor’s change would not exempt hospitals from the bill if it would violate federal standards. He also said the definition of “reasonable accommodation” could lead to legal challenges.
Manhattan Republican MP Jennifer Carlson said the bill she sponsored was intended to clarify that employees cannot be fired for making a personal decision.
“We were able to protect people in hospitals who weren’t vaccinated,” she said. “This makes it clear that these practices are still legal and will not be seen as discriminatory.”
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