117 HR 5627 IH: Health Care Workforce Protection from Mandates Act U.S. House of Representatives 2021-10-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 5627IN THE HOUSE OF REPRESENTATIVESOctober 19, 2021Mr. Latta 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 concernedA BILLTo amend titles XVIII and XIX of the Social Security Act to prohibit certain vaccine mandates as conditions of participation under the Medicare and Medicaid programs.

1.

Short title

This Act may be cited as the Health Care Workforce Protection from Mandates Act.

2.

Prohibiting under Medicare and Medicaid certain vaccine mandates as conditions of participation

(a)

Medicare

Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended by adding at the end the following new subsection:(l)

Limitation

Notwithstanding any other provision of this title, the Secretary may not require, as a condition to participate under this title or to be eligible to receive payment, reimbursement, or a contract under this title, a provider of services or supplier to mandate COVID–19 vaccinations for the employees or contractors of such provider of services or supplier unless before implementing such requirement, with respect to providers of services and suppliers, the Secretary certifies that such requirement would not result in any staffing shortages for such providers of services and suppliers..(b)

Medicaid

Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection:(tt)

Limitation

Notwithstanding any other provision of this title, the Secretary may not require, as a condition to provide services under a State plan under this title (or waiver of such plan) or to be eligible to receive payment, reimbursement, or a contract under such State plan (or waiver), an individual or entity to mandate COVID–19 vaccinations for the employees or contractors of such individual or entity unless before implementing such requirement, with respect to individuals and entities, the Secretary certifies that such requirement would not result in any staffing shortages for such individuals and entities..