118 HR 10077 IH: University Forced Vaccination Student Injury Mitigation Act of 2024
U.S. House of Representatives
2024-10-29
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I
118th CONGRESS
2d Session
H. R. 10077
IN THE HOUSE OF REPRESENTATIVES
October 29, 2024
Mr. Rosendale (for himself, Mr. Posey, and Mr. Crane) introduced the following bill; which was referred to the Committee on Education and the Workforce
A BILL
To direct certain institutions of higher education to pay the medical costs of students who were diagnosed with certain diseases following a required COVID–19 vaccination, and for other purposes.
1.

Short title
This Act may be cited as the “University Forced Vaccination Student Injury Mitigation Act of 2024”.
2.

Payment of medical costs after COVID–19 vaccine
(a)

In general
Beginning not later than 90 days after the date of the enactment of this Act, in order to continue to be eligible to receive funds under an applicable program, a covered institution shall pay the medical costs for each covered individual with an approved request under subsection (b).
(b)

Request for payment
(1)

Submission
A student seeking payment of medical costs under subsection (a) shall submit to the covered institution at which the student is enrolled a request for payment containing the following information:
(A)
A record of COVID–19 vaccination, including—
(i)
the date of such vaccination; and
(ii)
certification that such vaccination was in order to comply with requirements of the institution for attendance at such institution.
(B)
Certification from a medical provider that, following the vaccination described in paragraph (1), the student received a diagnosis of at least 1 of the following diseases:
(i)
Myocarditis.
(ii)
Pericarditis.
(iii)
Thrombosis with thrombocytopenia syndrome.
(iv)
Guillian-Barre Syndrome.
(v)
Any other disease with a positive association with the COVID–19 vaccine which the Secretary of Education determines to be warranted.
(C)
Medical costs for the student.
(D)
Records, including medical records, supporting—
(i)
the diagnosis described in subparagraph (B); and
(ii)
the medical costs described in subparagraph (C).
(2)

Approval
(A)

In general
Not later than 30 days after receiving a request under paragraph (1), the institution shall review the request and make a determination with respect to whether the request contains the information required under subparagraphs (A) through (D) of such paragraph.
(B)

Insufficient information
In the case of a student who submits a request under paragraph (1) that contains insufficient information to be approved under subparagraph (A), the institution shall assist such student in completing such request.
(C)

Inaccurate information
(i)

Medical costs
If an institution receives a request under paragraph (1) that contains inconsistent information with respect to medical costs described in subparagraph (C) of paragraph (1) and the records supporting such medical costs included pursuant to subparagraph (D)(i) of such paragraph, the institution may dispute such medical costs.
(ii)

Civil action
An institution may bring a civil action in an appropriate district court of the United States against a student who, with the intent to defraud the institution, submitted a request under paragraph (1) containing false or fraudulent information, seeking damages in an amount that is equal to three times the amount of the payment the student received or sought.
(c)

Compliance
(1)

Notification
A student who is enrolled in a covered institution and who submitted a request under subsection (b) may notify the Secretary if such institution is not complying with the requirements of this section. Such notification shall include—
(A)
the date of submission of such request;
(B)
the information included in such request; and
(C)
any other information supporting the claim that the institution is not complying with the requirements of this section.
(2)

Determination
(A)

In general
Upon receipt of a notification under paragraph (1), the Secretary shall make a determination with respect to whether the covered institution is complying with the requirements of this section.
(B)

Loss of funds
If the Secretary determines that such institution is not in compliance with the requirements of this section, the institution shall not be eligible to receive funds under an applicable program for the fiscal year beginning after the date of such determination.
(d)

Definitions
In this section:
(1)

Applicable program
The term applicable program has the meaning given such term in section 400(c) of the General Education Provisions Act (20 U.S.C. 1221(c)).
(2)

Covered institution
The term covered institution means an institution of higher education (as such term is defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002))—
(A)
that receives funds under an applicable program; and
(B)
that requires, or required, a COVID–19 vaccination for attendance at such institution.
(3)

Student
The term student means an individual who, for any amount of time, attends, or attended, as applicable, a covered institution after January 20, 2020.
(4)

Medical costs
The term medical costs means—
(A)
costs associated with the diagnosis, cure, mitigation, or treatment of a disease described in subparagraphs (A) through (E) of subsection (b)(2); and
(B)
any wages or income lost due to illness caused by such a disease.