Section 1 Short title
This Act may be cited as the “Health Care Workforce Protection from Mandates Act”.
Health Care Workforce Protection from Mandates Act
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.
Sec. 2 Prohibiting under Medicare and Medicaid certain vaccine mandates as conditions of participation
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.”
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.”