US Federal 2023-2024 Regular Session

US Federal House Bill HB497

Introduced
1/25/23  
Refer
1/25/23  
Engrossed
2/1/23  

Caption

Freedom for Health Care Workers Act This bill nullifies the rule titled Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination, which was issued by the Centers for Medicare & Medicaid Services on November 5, 2021, and prohibits the issuance of any substantially similar rule. The rule requires health care providers, as a condition of Medicare and Medicaid participation, to ensure that staff are fully vaccinated against COVID-19.

Impact

If enacted, HB 497 would significantly alter the framework within which health care providers operate, particularly those relying on federal programs. The removal of the vaccine mandate could lead to decreased vaccination rates among healthcare staff and could potentially affect patient safety and public health, especially in vulnerable populations reliant on these services. Certain stakeholders argue that this could leave healthcare facilities more susceptible to outbreaks of infection among both staff and patients, particularly in settings such as nursing homes and hospitals.

Summary

House Bill 497, known as the Freedom for Health Care Workers Act, proposes the elimination of the COVID-19 vaccine mandate imposed on health care providers participating in Medicare and Medicaid programs. This bill specifically targets a rule issued in November 2021, which required healthcare staff to be fully vaccinated against COVID-19 as a condition for participating in federal health care programs. By nullifying this regulation, HB 497 seeks to provide more autonomy to healthcare workers and organizations regarding vaccination requirements.

Sentiment

The sentiment surrounding HB 497 is quite polarized. Supporters of the bill advocate for personal choice and the right of health care workers to decide their own health care measures without government oversight. They argue that the mandate infringes on personal liberties and could exacerbate labor shortages in the healthcare sector. Conversely, critics, including many public health advocates, view the bill as a misguided attempt to erode public health protections and potentially jeopardize the health of communities, especially during a pandemic scenario.

Contention

The central point of contention surrounding HB 497 revolves around the balance between individual rights and public health responsibilities. Proponents see the bill as a necessary means to protect individual freedoms and oppose what they view as an overreach by the federal government. On the other hand, opponents express concern that repealing the vaccine mandate could undermine efforts to control the spread of COVID-19 in healthcare settings, diminishing the health infrastructure's ability to respond effectively to ongoing and future health crises.

Companion Bills

US HR75

Related bill Providing for consideration of the joint resolution (H.J. Res. 7) relating to a national emergency declared by the President on March 13, 2020; providing for consideration of the bill (H.R. 139) to require Executive agencies to submit to Congress a study of the impacts of expanded telework and remote work by agency employees during the COVID-19 pandemic and a plan for the agency's future use of telework and remote work, and for other purposes; providing for consideration of the bill (H.R. 382) to terminate the public health emergency declared with respect to COVID-19; and providing for consideration of the bill (H.R. 497) to eliminate the COVID-19 vaccine mandate on health care providers furnishing items and services under certain Federal health care programs.

Previously Filed As

US HB119

Freedom from Mandates Act This bill nullifies certain executive orders regarding COVID-19 safety and prohibits the Departments of Labor and Health and Human Services (HHS) from taking specified actions with respect to vaccination against COVID-19. Specifically, the bill nullifies Executive Order 14042 (relating to ensuring adequate COVID-19 safety protocols for federal contractors) and Executive Order 14043 (requiring COVID-19 vaccination for federal employees). Labor may not issue any rule requiring employers to mandate vaccination of employees against COVID-19 or requiring testing of employees who are unvaccinated. HHS may not (1) require a health care provider, as a condition of participation in the Medicare or Medicaid program, to mandate vaccination of employees against COVID-19 or require testing of employees who are unvaccinated; or (2) otherwise penalize such a provider for failure to mandate such vaccination or require such testing.

US HB1753

Department of Health; regulations; Centers for Medicare and Medicaid Services' final rule; Minimum Staffing Standards for Long-Term Care Facilities.

US HB177

This bill requires the Centers for Medicare & Medicaid Services to revise regulations so as to specifically require Medicare skilled nursing facilities and Medicaid nursing facilities to report the identity of medical directors and related information.

US HB1238

Community Health, Department of; submit a waiver request to the federal Centers for Medicare and Medicaid Services to authorize the qualification of certain caregivers for Medicaid reimbursement

US HB497

Medicaid Third Party Liability Act This bill modifies requirements relating to Medicaid third-party liability. Current law generally requires legally liable third parties (e.g., health insurers) to pay claims before Medicaid. However, Medicaid must pay first (and seek reimbursement from liable third parties) for claims for (1) preventive pediatric care, and (2) services for an individual for whom child support enforcement is being conducted by the state. The bill repeals these exceptions. Current law also requires state Medicaid programs to take all reasonable measures to identify legally liable third parties. The bill specifically prohibits federal Medicaid payment for services to individuals for whom third-party insurance information was not obtained and verified by the state.

US SB428

Medical Assistance; Department of Community Health to submit a waiver request to the federal Centers for Medicare and Medicaid Services; direct

US HB185

This bill nullifies the order issued by the Centers for Disease Control and Prevention titled Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic and published on April 7, 2022. (The order restricts the entry of noncitizens who are not immigrants into the United States by air travel unless they are fully vaccinated against COVID-19 or otherwise attest that they will take public health measures to prevent the spread of the disease.) The bill also nullifies any successor or subsequent orders that require foreign persons traveling by air to show proof of a COVID-19 vaccination as a condition of entry and prohibits the use of federal funds to administer or enforce such a requirement.

US HB6863

CAT Act of 2025 Centers for Medicare & Medicaid Services Auditor Transparency Act of 2025

US A10375

Establishes a family caregiver program which shall receive reimbursement from Medicaid and directs the commissioner of health to secure approval from the federal Centers for Medicare & Medicaid Services for family caregivers.

US HCR103

Expressing support for the Texas Health and Human Services Commission's application to the Cell and Gene Therapy Access Model through the Centers for Medicare and Medicaid Services and its Center for Medicare and Medicaid Innovation.

Similar Bills

No similar bills found.