Sec. 2. Requirement and exception under Medicare and Medicaid to have received the COVID–19 vaccine upon full approval by the Food & Drug Administration
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Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— in subparagraph (X), by striking at the end and ; and in subparagraph (Y)(ii)(V), by striking the period at the end and inserting , and ; and by inserting after subparagraph (Y)(ii)(V) the following new subparagraph: 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 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 Secretary) prior to furnishing services to patients the COVID–19 vaccination status of the provider. .
Section 1902(a) of the Social Security Act ( 42 U.S.C. 1395a(a) ) is amended— in paragraph (86), by striking at the end and ; and in paragraph (87)(D), by striking the period at the end and inserting ; and ; and by inserting after paragraph (87)(D) the following new paragraph: subject to subparagraph (B), beginning 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 except in the case of a physician or provider 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 vaccination status of the physician or provider. .
Section 1815 of the Social Security Act ( 42 U.S.C. 1395g ) is amended by adding at the end the following new subsection: 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. 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 determined by the Secretary) prior to furnishing services to patients the COVID–19 vaccination status of the provider. . Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–20 ) is amended by adding at the end the following new subsection: 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 section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. 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. . Section 1903(i) of the Social Security Act ( 42 U.S.C. 1396b(i) ) is amended— in paragraph (66), by striking at the end or ; and in paragraph (87)(D), by striking the period at the end and inserting ; or ; and by inserting after paragraph
(26)the following new paragraph: with respect to any amounts expended for medical assistance for an individual which is provided by a physician or provider who has not received any COVID–19 vaccine beginning on the date on which such vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act. .
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- 42 USC 1395w–20
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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
Cite42 USC 1395w–20
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