This year’s Legislature is considering several bills related to public health.
HB 96 would prohibit discrimination based on COVID-19 face covering, vaccination or testing status. It applies to any person who receives subsidies from the state or federal government. In Wyoming statute, “person” includes individuals, partnerships, corporations, joint stock companies, associations, and any other public or private entity. Those in violation could pay up to $5,000 to the aggrieved.
“We aren’t saying you can’t wear a mask or can’t get a vaccine, but our membership firmly believes in personal choice on vaccines, especially those that haven’t gone through the typical decade-long [Food and Drug Administration] approval process,” testified Kelly Carpenter, a policy advocacy director with the Wyoming Farm Bureau Federation, at the Jan. 20 hearing of the House Labor, Health and Social Services Committee.
Bill sponsor, Rep. Darin McCann (R-Rock Springs) agreed, saying the bill is meant to prohibit discrimination against individuals who decide they do not want to wear a mask or be vaccinated.
Those opposed argued it could put certain facilities in violation of federal COVID-19 mandates, which would jeopardize their funding.
Devon Brubaker is the airport director for the Southwest Wyoming Regional Airport and testified against the bill. Brubaker said that the 40 public-use airports in Wyoming are currently funded with nearly $50 million in grants from the Federal Aviation Administration. As a part of that, they were required to post signage in terminals about wearing masks during the COVID-19 pandemic
“This bill puts us in severe conflict with potential future obligations from the federal government,” said Brubaker. “I need to take a million dollar grant to improve our airport and save a million dollars for our local community.”
Eric Boley with the Wyoming Hospital Association also brought up nursing homes, which receive funding from Medicaid and where COVID-19 outbreaks can be dangerous.
“If we don't follow universal precautions and we don't protect the residents against the spread of COVID because we're following this regulation, and someone dies because they're infected because we didn’t follow those, then we can be sued for basically killing that patient and not protecting them,” said Boley.
Former Rep. Jeanette Ward (R-Casper) testified in favor of the bill. When asked about losing Medicare or Medicaid funding, Ward said that given the new administration, she did not anticipate it being a problem.
“I don’t think that they will withhold the federal funds, and if they do, we need to, as a state, get off federal funds,” she said.
Amendments were introduced that would make the state reimburse entities complying with the state law for the potential loss of federal funding or legal fees, but they ultimately failed.
HB 96 passed the Wyoming House on Jan. 24 and is waiting to be introduced in the Senate.
Another bill would amend the way a public health emergency is called in the state.
HB 128 would require the governor to convene the Legislature on the second day after declaring a public health emergency. The body would have the authority to either agree or terminate the emergency. The bill has been sent to the House Labor, Health and Social Services Committee for discussion.
A final bill attempted to bar the Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO) from having any jurisdiction over COVID-19 in Wyoming. This was in line with Pres. Donald Trump’s executive order to withdraw the United States from the WHO. However, the House did not consider HB 141 for introduction - this means the bill will not be formally introduced or debated in the House.
