[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5007 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5007

  To amend titles XVIII and XIX of the Social Security Act to require 
  providers to receive the COVID-19 vaccine upon full approval by the 
 Food & Drug Administration unless an exception applies, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 13, 2021

  Mr. Beyer introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend titles XVIII and XIX of the Social Security Act to require 
  providers to receive the COVID-19 vaccine upon full approval by the 
 Food & Drug Administration unless an exception applies, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Vulnerable Patients 
Act''.

SEC. 2. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE 
              RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE 
              FOOD & DRUG ADMINISTRATION.

    (a) Requirement To Be Vaccinated and Exception.--
            (1) Condition of participation in medicare.--Section 
        1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) 
        is amended--
                    (A) in subparagraph (X), by striking at the end 
                ``and''; and
                    (B) in subparagraph (Y)(ii)(V), by striking the 
                period at the end and inserting ``, and''; and
                    (C) by inserting after subparagraph (Y)(ii)(V) the 
                following new subparagraph:
                    ``(Z)(i) subject to clause (ii), beginning on the 
                date on which any COVID-19 vaccine is approved under 
                section 505(b) of the Federal Food, Drug, and Cosmetic 
                Act, in the case of a provider of services, to have 
                received any such vaccine by such date; and
                    ``(ii) except in the case of a provider of services 
                who elects not to receive such vaccine due to medical 
                necessity or religious beliefs, and publicly discloses 
                (as determined by the Secretary) prior to furnishing 
                services to patients the COVID-19 vaccination status of 
                the provider.''.
            (2) State plan requirement in medicaid.--Section 1902(a) of 
        the Social Security Act (42 U.S.C. 1395a(a)) is amended--
                    (A) in paragraph (86), by striking at the end 
                ``and''; and
                    (B) in paragraph (87)(D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting after paragraph (87)(D) the 
                following new paragraph:
            ``(88)(A) subject to subparagraph (B), beginning on the 
        date on which any COVID-19 vaccine is approved under section 
        505(b) of the Federal Food, Drug, and Cosmetic Act, require 
        that any physician or provider participating under the State 
        plan to have received any such vaccine by such date; and
            ``(B) except in the case of a physician or provider who 
        elects not to receive such vaccine due to medical necessity or 
        religious beliefs, and publicly discloses (as determined by the 
        Secretary) prior to furnishing services to patients the COVID-
        19 vaccination status of the physician or provider.''.
    (b) Prohibition of Payment If Not Vaccinated and Exception.--
            (1) Medicare.--
                    (A) Part a.--Section 1815 of the Social Security 
                Act (42 U.S.C. 1395g) is amended by adding at the end 
                the following new subsection:
    ``(g)(1) Subject to paragraph (2), no payment shall be made to a 
provider of services under this title for any service furnished to an 
individual by such a provider who, beginning on the date on which any 
COVID-19 vaccine is approved under section 505(b) of the Federal Food, 
Drug, and Cosmetic Act, not received such vaccine by such date.
    ``(2) Paragraph (1) may not apply if a provider of services elects 
not to receive such vaccine due to medical necessity or religious 
beliefs, and publicly discloses (as determined by the Secretary) prior 
to furnishing services to patients the COVID-19 vaccination status of 
the provider.''.
                    (B) Part b.--Section 1848 of the Social Security 
                Act (42 U.S.C. 1395w-20) is amended by adding at the 
                end the following new subsection:
    ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and 
Exception.--
            ``(1) In general.--Subject to paragraph (2), no payment 
        shall be made to a physician under this subsection for any 
        service furnished to an individual by such a provider who, 
        beginning on the date on which any COVID-19 vaccine is approved 
        under section 505(b) of the Federal Food, Drug, and Cosmetic 
        Act, not received such vaccine by such date.
            ``(2) Exception.--Paragraph (1) may not apply if a 
        physician elects not to receive such vaccine due to medical 
        necessity or religious beliefs, and publicly discloses (as 
        determined by the Secretary) prior to furnishing services to 
        patients the COVID-19 vaccination status of the physician.''.
            (2) Medicaid.--Section 1903(i) of the Social Security Act 
        (42 U.S.C. 1396b(i)) is amended--
                    (A) in paragraph (66), by striking at the end 
                ``or''; and
                    (B) in paragraph (87)(D), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by inserting after paragraph (26) the following 
                new paragraph:
            ``(27) with respect to any amounts expended for medical 
        assistance for an individual which is provided by a physician 
        or provider who has not received any COVID-19 vaccine beginning 
        on the date on which such vaccine is approved under section 
        505(b) of the Federal Food, Drug, and Cosmetic Act.''.
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