Is Ohio Vaccine Lottery Legal

On May 12, 2021, Ohio announced a lottery system that incentivizes residents to get vaccinated against COVID-191; Several U.S. states subsequently implemented similar programs.2 Although analyses of Ohio`s vaccination rates suggested that lottery-based incentives were not associated with increased vaccination rates,3 reactions to lottery programs in other states are unclear. In this study, we assessed changes in COVID-19 vaccination rates in US states using lottery-based vaccine incentives. Between April 15, 2021 and June 9, 2021, the daily adult vaccination rate increased from 485/100,000 to 101/100,000 people in Ohio and from 700/100,000 to 97/100,000 people in states without lottery incentives (part A of the figure). Ohio (-8 [95% CI, -12 to -4]/100,000 people) and the United States (-14 [95% CI, -18 to -11]/100,000 people) recorded before the vaccine lottery was announced on the 12th. May significant decreases (P < 0.001) in daily vaccination rates. After May 12, adult immunization rates in Ohio did not increase significantly (30 [95% CI, −53 to 113]/100,000 population; P = 0.48) or the United States (27 [95% CI, -53 to 106]/100,000 people; P = 0.51). After the launch of the Ohio vaccine lottery (May 13 to June 9), the decline in daily immunization rates in Ohio slowed (change from lottery announcement: 6 [95% CI, 0 to 11]/100,000 population; P = 0.05) and the United States (change from vaccine lottery announcement: 11 [95% CI 6 to 16]/100,000 population; P <.001). Andy Slavitt, who oversees vaccine distribution for the White House, told CNN that he generally supports vaccine incentives, but he can`t say for sure whether it`s legal to offer them $1 million. A, Segmented regression lines show vaccination trends before and after the introduction of the vaccine lottery in Ohio on May 12, 2021.

Shaded areas represent 95% CIs. B, The segmented regression lines show the difference in vaccination rates between states without lottery incentives and Ohio before and after the introduction of the Ohio vaccine lottery on May 12, 2021. Shaded areas represent 95% CIs. “Just because something can be done legally doesn`t mean it should be,” Yost said. “The wisdom of this is a matter for the Governor and the General Assembly.” But DeWine shrugged — he said he had been criticized for 14 months during the pandemic — defending the lottery. On December 16, the Ohio Supreme Court rejected an organization`s attempt to block the governor`s “Vax-a-Million” lottery. “The vaccine lottery does nothing to overcome these structural barriers,” Berman said. Starting May 26, there will be five weekly draws, and the winner will receive $1 million each week. Ohioans who are at least 18 years of age and have received at least one dose of vaccine (at the time of the draw) are eligible. The profits will be paid with federal coronavirus relief funds. Winners will be taxed on their winnings.

Vaccinated individuals under the age of 18 are eligible for a separate raffle to receive a full 4-year scholarship at each state university. “Our results suggest that government lotteries are of limited value in increasing vaccine adoption. As a result, vaccine lottery resources can be more successfully invested in programs that target the underlying reasons for vaccine hesitancy and low vaccine consumption,” said Walkey, a physician at Boston Medical Center. LexisNexis® and Bloomberg Law are external online distributors of ALM`s extensive collection of current and archived versions of legal news publications. LexisNexis® and Bloomberg Law clients may access and use ALM content, including content from the National Law Journal, The American Lawyer, Legaltech News, New York Law Journal and Corporate Counsel, as well as other sources of legal information. Governor Mike DeWine`s announcement of a “Vax-A-Million” lottery drew attention this week as Ohioans debated the benefits of the program and whether it will encourage more people to book appointments for vaccinations. Ohio, meanwhile, offers a much bigger incentive to get the COVID-19 vaccine: $1 million in hard, cold cash. These differences suggest that the Vax-A-Million is not technically a lottery and therefore does not conflict with the state`s lottery restrictions, said Ryan Stubenrauch, a Columbus attorney who served as assistant attorney general and DeWine`s policy adviser.

In the analysis comparing vaccination rates between the United States and Ohio (Figure Part B), the gradual change in adult vaccinations after the May 12 lottery announcement in the United States was similar to that of Ohio (-12 [95% CI, -46 to 22]/100,000 population; P = 0.51). Prior to May 12, vaccination rates in the United States were declining faster than in Ohio (-6 [95% CI, -7 to -4]/100,000 population; P < 0.001), but after May 12, the decline in vaccination rates slowed more in the United States than in Ohio (change from Ohio vaccine lottery announcement: 5 [95% CI, 3 to 7]/100,000 population; P <.001). We compared vaccination rates in Ohio to US rates (censorship days after which 10 other states announced lottery incentives). We adjusted for the day of the week and took into account first-order autocorrelation between vaccination rates on consecutive days. All statistical tests were 2-sided with a α=.05 using R version 4.0.2 (R Foundation). About the $1 Million Vax Lottery: I heard about it yesterday. It doesn`t seem to violate state law, although it depends on how it`s designed. Just because something can be done legally doesn`t mean it should be. The wisdom of this is a matter for the governor and the general assembly State officials are clear, yes, it is legal, and, no, the money cannot simply be diverted to another project such as schools or roads. It`s not a lottery," DeWine spokesman Dan Tierney said. This is not a random draw or a sweepstakes within the meaning of state law.