Healthcare Company Knowingly Violates Tennessee Code By Denying Nurse Vaccine Exemption Per State Law

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The Tennessee Conservative [By Paula Gomes] –

A healthcare company hiring in Tennessee is knowingly violating state law by denying exemptions for the Covid-19 vaccine.

According to a Middle Tennessee nurse, Elevance Health rescinded a job offer last week after she stated she would supply an exemption in lieu of a vaccine card proving that she had been vaccinated for Covid-19.

In a conversation over text with the recruiter who reached out to her regarding the position, it was acknowledged that Elevance was well aware of state law but chose to still require new hires to be vaccinated rather than “put their patients at risk.”

The Tennessee Conservative spoke to the nurse, a full-time single mom who works two jobs, on Friday, who told us that she was contacted by a recruiter, Judge Group, earlier in the week.

After an interview via video, she was offered the job but initially hesitated because the pay was low. Judge Group quickly got back to her to offer her a substantial increase in compensation based on her expertise in her field, prompting her to accept the position.

The next day, the recruiter sent onboarding documents and it was only then that the nurse was made aware of Elevance’s requirement that she be up to date with a Covid-19 vaccine.

The job in question was a hybrid position that required one to two visits with patients per week, but would have been remote the rest of the time.

While Elevance Health’s website states that they require new candidates in “certain patient/member facing roles” to be vaccinated, it also says that offers to those who are unvaccinated for Covid-19 will be rescinded “unless you provide an acceptable explanation” going on to say that Elevance “will also follow all relevant federal, state and local laws.”

The Tennessee legislature passed the law which became Public Chapter No. 644 in 2022 with the bill going into effect that March. Originally, the law had a sunset provision and was set to expire July 1st, 2023, until lawmakers made the law permanent by repealing the provision.

With this law in place, and the ending of the federal Covid-19 vaccine requirements for CMS-certified healthcare facilities, healthcare providers operating in the state are subject to the state law mandating that employers accept exemptions for the Covid-19 vaccine.

Under the law, employers in Tennessee may not deny employment, discharge, or discriminate against employees or applicants if they do not provide proof of vaccination for Covid-19. Violations are punishable by a civil penalty of $10,000 and may be reported to the Attorney General’s office.

About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.