HHS investigating claims school vaccinated student despite religious exemption

Federal health officials have launched an investigation into a complaint alleging that an unidentified school located in the Midwestern United States disregarded a valid religious exemption and administered a vaccine to a student without parental consent.

The U.S. Department of Health and Human Services (HHS) announced the investigation on Dec. 3 after officials said school authorities administered a vaccine to a student despite having a religious exemption submitted under a state law.

According to HHS, the vaccine was supplied through the federal Vaccines for Children program, which is administered by the Centers for Disease Control and Prevention (CDC). Entities participating in the program, including schools and medical practices, must adhere to state laws on religious and other exemptions from compulsory vaccination requirements, according to HHS.

The department's Office for Civil Rights will determine whether the school violated those obligations. Neither the school's name nor the student's identity was disclosed.

In a video statement announcing the investigation, HHS Sec. Robert F. Kennedy said any HHS-backed grant recipient must comply with federal and state laws protecting parental rights.

“When any institution — school or doctor's office or clinic — disregards religious exemptions, it doesn't just break trust, it also breaks law,” Kennedy said. “It fractures the sacred bond between families and people entrusted with their children's care. We are not going to tolerate it.”

Kennedy urged parents to educate themselves on the Health Insurance Portability and Accountability Act (HIPAA) and their right to access their children’s health records in order to make more informed health decisions for their children. “HIPAA establishes that right of access."

“If you have the legal authority to make decisions for your child, then you should have the right to see their records. No delays, no secrets, and no excuses," 

The probe marks the latest in a string of recent HHS actions on religious exemptions.

HHS’ Office for Civil Rights issued a letter in September to notify state awardees of the Vaccines for Children Program (VCP) that any participating immunization programs and program-registered providers “must respect state religious and conscience exemptions from vaccine mandates.” 

In August, the Office for Civil Rights cautioned West Virginia that it risked forfeiting $1.37 billion in federal health funding unless state health departments — which participate in the Vaccines for Children program — comply with religious freedom statutes, including exemptions from childhood vaccinations.

The recent disputes over religious exemptions have also been at the center of several federal cases, including a Colorado medical school's $10.3 million settlement last week with 18 plaintiffs who were denied accommodations for COVID-19 vaccine mandates on faith-based grounds. 

The University of Colorado Anschutz School of Medicine agreed to the payout — covering damages, tuition refunds and $1 million in attorney fees — after a 10th U.S. Circuit Court of Appeals panel ruled that the institution violated the plaintiffs' First Amendment rights through denials motivated by "religious animus."