WeVote
Log In

Bill

WeVote Research Nonpartisan
Bill Summary · HB 1196

Summary of Indiana HB 1196 (2026) — Employment and Vaccinations

This introduced bill governs employee immunization practices, protections against coercion, and related enforcement provisions in Indiana. It also repeals prior COVID-19 vaccination exemption provisions and adds a new chapter to Indiana Code.

1) Main purpose and intent

  • Establishes that employers may require immunizations only if they respect an employee’s right to refuse.
  • Prohibits coercion or adverse actions against employees for refusing an immunization.
  • Requires clear notice to employees when an immunization is offered at no cost.
  • Creates enforcement mechanisms, penalties, and civil remedies for violations.
  • Repeals existing exemptions related to COVID-19 immunization requirements and replaces them with new rules.

2) Key provisions and changes

A. Employee right to refuse and protection from coercion

  • An employer may require immunization only if it respects the employee’s right to refuse.
  • An employee must be free from:
    • Coercion to accept immunization.
    • Adverse actions based on refusal, including:
    • Tenure, compensation, and benefits.
    • Terms, conditions, and privileges of employment.
    • Uniform or attire.
    • Use of areas open to immunized employees.
    • Testing requirements when immunized employees are not similarly tested.

B. Notice for no-cost immunizations

  • If an employer offers an immunization at no cost, the employer must provide written notice at the time of the offer about the right to refuse without coercion or adverse action. Sample language is prescribed.

C. Enforcement and penalties

  • Violations may be reported to the Indiana Department of Labor (DOL).
  • DOL may impose a civil penalty of $5,000 per incident.
  • Penalties are deposited to the state General Fund.
  • Employees may file civil actions to enforce protections; remedies may include actual damages, court costs, and attorney’s fees, and courts may enjoin further violations.

D. Repeal and replacement of COVID-19 exemptions

  • Repeals IC 22-5-4.6 (Exemptions from COVID-19 Immunization Requirements) upon passage.

E. New Immunization Requirements Chapter (IC 22-5-9.4)

  • Defines key terms:

    • “Coercion” means intimidation, threats, or force to obtain immunization against an individual’s will.
    • “Employee” includes full-time/part-time workers, independent contractors, subcontractors, and trainees/interns.
    • “Employer” includes state, state entities, political subdivisions, and similar organizations with one or more employees (excluding the U.S. and its agencies).

  • Immunization standards:

    • An employer may require immunization only if the employee’s right to refuse is respected.
    • An employee cannot be coerced or subjected to adverse actions due to refusal (as detailed above).

  • Post-March 31, 2026 contract and agreement provisions:

    • Any contract, bid specification, or agreement entered into after March 31, 2026 may not include provisions requiring an employee to receive an immunization in a way that limits rights and protections under this chapter.

  • Non-exhaustive clarifications:

    • Nothing in the chapter requires immunization; it also does not preclude offering immunization at no cost.

  • Notice requirement and reporting:

    • Employers offering immunization must provide the specific notice (as described) to employees.
    • Employees may report coercion or adverse actions to the DOL.

  • Remedies and enforcement (continued):

    • Civil penalties of $5,000 per incident.
    • Civil actions available to employees for actual damages, costs, and attorney’s fees; courts may enjoin ongoing violations.

  • Relationship to other laws:

    • The chapter does not limit rights or remedies under other state or federal law.

3) Who and what would be affected

  • Affected parties:
    • Employers in Indiana (state, political subdivisions, state educational institutions, and private employers with one or more employees).
    • Employees, including full-time, part-time, independent contractors, subcontractors, trainees, and interns.
  • Types of employment environments:
    • Any employer offering immunizations to employees at no cost.
    • Contracts, bids, and agreements post-March 31, 2026 that involve immunization requirements.

4) Procedural and timeline aspects

  • Effective date: Upon passage (immediate effectiveness for enforcement provisions, with the new chapter operative after passage).
  • Key dates referenced:
    • March 31, 2026: Contracts/agreements entered into/renewed after this date may not impose immunization requirements that diminish protections.
  • Enforcement timeline:
    • Violations can be reported to the DOL; penalties apply per incident.
    • Civil actions may be pursued by affected employees for damages and injunctive relief.

5) Fiscal and broader impacts (as projected)

  • State and local government impact:
    • Potential civil penalties against state and local employer entities; possible damages and litigation costs.
    • Possible increases in unemployment benefit costs if vaccine-related terminations occur (though the bill aligns protections rather than expanding terminations).
  • Revenue implications:
    • Potential General Fund revenue from civil penalty collections (each case could yield penalties plus court fees).
  • Administrative considerations:
    • DOL workload may increase due to reporting, investigation, and penalty enforcement.
    • Local governments and school systems may face compliance obligations and potential penalties.

Note: This summary reflects the bill as introduced. Final language and any amendments could modify scope, definitions, and enforcement details.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.