The bill would have significant ramifications for institutions that receive federal funding, such as hospitals and healthcare providers participating in Medicaid and Medicare programs. If enacted, it will enforce a non-discrimination clause that safeguards access to treatment across various healthcare settings. The intention behind the proposal is to encourage facilities to treat all patients fairly and equally during the ongoing pandemic, thus reducing perceived or actual discrimination against unvaccinated individuals.
Summary
House Bill 991, known as the 'COVID-19 Vaccination Non-Discrimination Act', seeks to prohibit federal funds from being allocated to healthcare facilities that refuse treatment based on an individual’s COVID-19 vaccination status. The bill was introduced by a group of Republican representatives and is aimed at ensuring that patients who are unvaccinated for COVID-19 are not denied medical care. The proponents argue that the bill safeguards basic patient rights and reinforces the principle that healthcare should be accessible regardless of vaccination status.
Contention
There are notable points of contention surrounding HB 991. Critics argue that the bill may unintentionally promote the spread of COVID-19 by incentivizing individuals to avoid vaccinations since they would still receive treatment regardless of their vaccination status. There are concerns about the potential burden placed on healthcare facilities, which might feel pressured to treat individuals regardless of their medical history regarding COVID-19. These arguments highlight a tension between public health objectives and individual rights in the healthcare system.
No Mandates Act This bill prohibits federal agencies and certain entities that receive federal funding from requiring COVID-19 vaccinations. Specifically, federal agencies may not issue rules, regulations, or guidance that require an individual to receive a COVID-19 vaccination. The bill also prohibits requiring a COVID-19 vaccination to access federal property and services or congressional grounds and services. Additionally, an entity that received federal COVID-19 relief funds or receives other federal funds after this bill's enactment may not require a COVID-19 vaccination as a condition of providing any service to an individual.
Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2023 or the AMERICANS Act This bill prohibits the Department of Defense (DOD) from issuing any COVID-19 vaccine mandate as a replacement for the rescinded vaccine mandate of August 24, 2021, unless the mandate is expressly authorized by Congress. The bill also provides that DOD must establish an application process for remedies for members of the Armed Forces who were discharged or subject to adverse action under the rescinded mandate. Any administrative discharge of a member on the sole basis of a failure to receive a COVID-19 vaccine must be categorized as an honorable discharge, and DOD is prohibited from taking any adverse action against such a member for that reason. Under the bill, DOD must try to retain unvaccinated members and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers. Additionally, DOD may only consider the COVID-19 vaccination status of members in making certain decisions (e.g., deployments in countries where it is the law) and must establish a process to provide exemptions to certain members for such decisions. This bill applies to all members of the Armed Forces, regardless of whether they sought an accommodation to any DOD COVID-19 vaccination policy.