West Virginia could lose $1.37 billion in federal health funding if its health departments fail to follow laws recognizing religious exemptions to childhood vaccination, according to a letter issued by the U.S. Department of Health and Human Services (HHS).
HHS Letter Targets Vaccines for Children Program
On August 21, HHS’ Office for Civil Rights (OCR) sent a warning to West Virginia health departments participating in the Vaccines for Children (VFC) program, which requires providers to administer every vaccine on the CDC’s childhood immunization schedule. The letter states that federal funding is tied to compliance with conscience and religious freedom protections, including religious exemptions.
The letter is not a notice of investigation but reminds West Virginia officials of their obligations under state and federal law. According to HHS, refusal to honor exemptions could be treated as non-compliance with civil rights statutes.
Legal Battles Over Exemptions in West Virginia
The letter comes amid heated disputes in West Virginia. In January, Gov. Patrick Morrisey signed an executive order recognizing religious exemptions for school attendance under the Equal Protection for Religion Act of 2023. But in June, the Department of Education voted to uphold the state’s compulsory vaccination law, which allows no exemptions.
Courts are currently weighing lawsuits on both sides. One West Virginia court recently dismissed an ACLU challenge to Morrisey’s order, while another granted an injunction to families seeking religious exemptions for their children.
Implications for Other States
Constitutional attorney Rick Jaffe called the HHS letter a “significant development” that could affect the four other states — California, Connecticut, Maine, and New York — that prohibit vaccine exemptions.
Mary Holland, CEO of Children’s Health Defense, said the warning is “unprecedented” and may open the door for challenges in states with religious equal protection laws.
Dr. Meryl Nass noted that larger states could face far greater funding losses than West Virginia if HHS expands enforcement: “California has over 20 times the population. How many billions could it lose?”
Growing National Momentum
The issue is also gaining traction in Congress. Rep. Greg Steube (R-Fla.) has drafted the GRACE Act (Guaranteeing Religious Accommodation in Childhood Education Act), which would withhold federal funds from schools that deny religious exemptions.
CDC data show that religious exemptions from school immunization requirements are at record highs for the 2024–2025 school year, while surveys indicate public support for exemptions has nearly doubled in six years.
Michael Kane, director of advocacy at CHD, said the trend is accelerating: “It’s a boulder at the top of a hill. It’s rolling slowly, but the speed is about to pick up drastically.”
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Author: Sean Probber
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