I 
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 juris-
diction 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Vulnerable 
Patients Act’’. 
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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 EXCEP-
TION.— 
(1) CONDITION
OF
PARTICIPATION
IN
MEDI-
CARE.—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 Sec-
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retary) prior to furnishing services to patients 
the COVID–19 vaccination status of the pro-
vider.’’. 
(2) STATE
PLAN
REQUIREMENT
IN
MED-
ICAID.—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), begin-
ning 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 pro-
vider 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 vac-
cination status of the physician or provider.’’. 
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(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 de-
termined by the Secretary) prior to furnishing services to 
patients the COVID–19 vaccination status of the pro-
vider.’’. 
(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 sub-
section: 
‘‘(u) PROHIBITION
OF
PAYMENT
RELATING
TO 
COVID–19 VACCINE AND EXCEPTION.— 
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‘‘(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 sec-
tion 505(b) of the Federal Food, Drug, and Cos-
metic 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 pro-
vided by a physician or provider who has not re-
ceived any COVID–19 vaccine beginning on the date 
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on which such vaccine is approved under section 
505(b) of the Federal Food, Drug, and Cosmetic 
Act.’’. 
Æ 
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