As Texas GOP wages war on COVID-19 mandates, lawmakers advance bill creating legal exemptions to vaccine requirements

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As Gov. Greg Abbott and different Republican Texas leaders wage a warfare against vaccination mandates meant to curb COVID-19, a authorities Senate committee connected Thursday precocious authorities that would marque immoderate entity, including hospitals, susceptible to favoritism lawsuits if they mandated vaccinations for each employees.

The Senate State Affairs Committee’s ballot 5-1 to beforehand Senate Bill 51 comes implicit the objections of aesculapian and concern advocacy groups, who pushed backmost against the legislation. They warned lawmakers of its risks to tiny businesses, workplaces that trust connected national funding, and immunocompromised aesculapian patients.

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It was the 2nd legislative proceeding successful arsenic galore days successful which concern groups and aesculapian leaders urged the Legislature to fto idiosyncratic companies determine whether they necessitate employees to beryllium vaccinated. Abbott asked lawmakers this week to instrumentality up the contented to guarantee Texans aren’t required to get vaccinated, saying that vaccines are “ safe, effective, and our champion defence against the virus, but should stay voluntary and ne'er forced."

Abbott, who faces reelection adjacent year, has agelong been criticized from some his near and his close implicit however he’s overseen the state’s effect to the deadly pandemic. Earlier this week helium banned backstage companies from mandating that employees oregon customers beryllium vaccinated against COVID-19, 4 weeks aft Democratic President Joe Biden announced that national contractors indispensable person each employees vaccinated against COVID-19 and that businesses with much than 100 employees indispensable mandate vaccination against the microorganism oregon necessitate regular testing.

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Abbott besides is successful several ineligible fights with cities, counties and schoolhouse districts implicit section disguise orders that defy his prohibition connected specified orders. Texas’ prohibition connected masks successful schools has drawn a national investigation for perchance violating the rights of students with disabilities.

At Thursday’s Senate committee hearing, representatives from the American Cancer Society, the Texas Medical Association and the Texas Pediatric Association opposed SB 51 and asked lawmakers to exempt wellness attraction entities from the law’s reach.

Advocates from aesculapian facilities similar nursing homes disquieted astir losing Medicare and Medicaid reimbursements if the authorities instrumentality goes into effect, preventing them from pursuing pending national rules that volition mandate vaccines.

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“The authorities shouldn't beryllium mandating a one-size-fits-all attack to hospitals,” said Steve Wohleb, elder vice president and wide counsel for the Texas Hospital Association. “It should permission those decisions to the hospitals, who are successful the champion presumption to cognize what's champion for their patients.”

Josh Houston, advocacy manager for the interfaith radical Texas Impact, spoke retired against the bill, saying it was an illustration of the authorities involving itself successful decisions that should beryllium near to idiosyncratic spiritual institutions.

“Our members sincerely judge that vaccines prevention quality life,” helium said.

Annie Spilman, authorities manager astatine the National Federation of Independent Business, spoke on with different concern representatives astir the worries of the bill’s impacts to tiny businesses.

“We're not arguing the merits of vaccination, bully oregon bad, here,” Spilman said. “You could capable successful the blank connected the taxable substance — if it creates a origin of action, oregon immoderate benignant of adverse enactment against a tiny concern leader who already operates connected bladed margins, we’re mostly going to reason it.”

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On Wednesday, a House measure that would grow the exemptions that employees could mention to debar employers’ vaccine mandates was the absorption of heated statement successful the House State Affairs Committee — which adjourned without voting connected House Bill 155 by authorities Rep. Tom Oliverson, R-Cypress.

The measure would let Texans to opt retired of employers’ vaccine mandates for reasons of conscience, including a spiritual belief, and for “acquired immunity” done antecedently contracting COVID-19. There's not definitive probe connected however agelong earthy immunity lasts, and galore scientists, doctors and infectious illness experts urge that radical who person had the microorganism inactive get vaccinated arsenic agelong arsenic it’s been 90 days since they recovered.

HB 155 would besides springiness employees the quality to bring ineligible enactment against employers if they judge their leader violates immoderate of the exemptions.

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Advocacy groups including The Texas Association of Business, Texans for Lawsuit Reform, the Texas Hospital Association and the Texas Assisted Living Association opposed HB 155 successful Wednesday’s hearing.

Glenn Hamer, president of the Texas Association of Business, said his group’s “big-time concern” is the ineligible enactment that could travel arsenic a effect of the bill.

Lee Parsley, wide counsel with Texans For Lawsuit Reform, told lawmakers they person nary mode of getting astir the national rules issued by the Biden administration. Beginning arsenic soon arsenic Friday, businesses entering into declaration enactment with the national authorities volition request to person each employees vaccinated. Nursing homes and any Medicare and Medicaid-certified wellness attraction installation volition besides person to get each unit vaccinated successful bid to proceed participating successful the national programs.

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“I'm acrophobic you're up against national preemption,” Parsley told lawmakers connected the House committee. “No substance what you pass, the national instrumentality has preempted it.”

Steve Wohleb, vice president with the Texas Hospital Association, said the authorities could “be devastating, hospitals trust heavy connected Medicare and Medicaid funding. It would efficaciously unopen each infirmary down if they could not comply with that peculiar requirement.”

Several individuals testified successful enactment of HB 155, saying they felt the vaccine mandates were an overreach and expressing fears astir imaginable broadside effects, though experts wide hold that the vaccine is safe.

“I conscionable deliberation privateness to support your idiosyncratic determination connected if you privation to instrumentality a vaccine oregon not instrumentality a vaccine is your choice,” said Joanna McCurry, who started retired speaking against the authorities but past changed her mind.

Dawn Richardson, the manager of advocacy for the National Vaccine Information Center, testified against the measure but said she supports its concept. She said it comes excessively precocious due to the fact that galore Texans person already been fired for not being vaccinated.

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“There are truthful galore companies, large companies that are mandating the vaccine,” she said.

After the House sheet testimony, Oliverson said helium would alteration the bill’s enforcement mechanisms to support tiny businesses from dense penalties and lawsuits.

He besides said helium would enactment with the wellness attraction assemblage to code the mode unvaccinated workers successful hospitals could exposure immunocompromised patients to the virus, but did not supply details however helium would lick this issue.