Title: Health Care Workforce Protection from Mandates Act
Policy area: Health

Summary:
Health Care Workforce Protection from Mandates Act
This bill prohibits the Centers for Medicare & Medicaid Services (CMS) from requiring health care providers to mandate COVID-19 vaccinations for their employees as a condition of Medicare and Medicaid participation, unless the CMS certifies that such a requirement would not result in any staffing shortages.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5627 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5627

 To 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 2021

  Mr. 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 concerned

_______________________________________________________________________

                                 A BILL


 
 To 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.

    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 ``Health Care Workforce Protection 
from Mandates Act''.

SEC. 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.''.
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