Freedom for Health Care Workers Act

Floor Speech

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Mr. BUCSHON. Mr. Speaker, pursuant to House Resolution 75, I call up 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, and ask for its immediate consideration in the House.

The Clerk read the title of the bill.

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Mr. BUCSHON. 497.

Mr. Speaker, I rise today in support of H.R. 497, the Freedom for Health Care Workers Act, introduced by my Energy and Commerce Committee colleague Representative Duncan.

I want to start by making one thing clear: I believe in the safety and effectiveness of vaccines. I am a physician. I am pro-vaccine. At the same time, I am conservative, and I believe in individual choice. It is my firm conviction that, whenever possible, the Federal Government should leave decisionmaking to State or local authorities.

Additionally, my background in medicine has informed my belief that medical decisions are extremely personal and should be made by individuals in consultation with their doctors.

So, at the end of 2021, when the Centers for Medicare and Medicaid Services announced a decision to mandate that healthcare workers receive a COVID-19 vaccine to remain employed, I opposed the decision. I believed this move by the Biden administration to be unnecessary, inappropriate, and a net harm to our healthcare system as a whole.

That is why my colleague Vern Buchanan and I led a letter with 113 other Members outlining our opposition to the mandate and our concerns.

Mr. Speaker, I include in the Record that letter in opposition to the mandate. Congres of the United States, House of Representatives, Washington, DC, December 6, 2021. Hon. Chiquita Brooks-LaSure, Administrator, Centers for Medicare & Medicaid Services, Baltimore, MD.

Dear Administrator Brooks-LaSure: The COVID-19 pandemic has taken a significant toll on the American public both physically and emotionally for almost two years. In that time, though, multiple vaccines have become widely available for those wishing to be vaccinated. According to the Mayo Clinic, nearly 60 percent of the United States population over the age of 12 is fully vaccinated, including over 83 percent of the Medicare- aged population.

Thankfully, the United States has seen an overall decrease in new COVID-19 infections, hospitalizations and deaths since vaccines became readily available, and while we are not yet out of the woods, many are saying the end of the pandemic is in sight. Former Food and Drug Administration Commissioner Scott Gottlieb, M.D. recently stated the pandemic ``may well be over'' by January 4, which is the deadline the Centers for Medicare and Medicaid Services (CMS) set for complying with either its vaccination mandate or enforcing the continued use of masks and weekly testing.

At a time when we are facing a growing health care workforce shortage--including a projected physician shortage of more than 100,000 by 2034--implementing a federal vaccine mandate will only serve to exacerbate the problem. By your own admission, ``[t]hese requirements will apply to approximately 76,000 providers and cover over 17 million health care workers across the country.'' It is difficult, if not impossible, to reconcile the rationale for implementing a mandate like this at the tail end of the pandemic while we, as a nation, are struggling to staff hospitals, physician offices and other ancillary providers.

We fully support your agency's goal of ``[e]nsuring patient safety and protection,'' but if seniors are unable to access care because their provider no longer participates in the Medicare program, this rule will undermine its stated goal. By subjecting providers to egregious federal overreach, our nation's most vulnerable populations will be at risk and America's seniors will bear the brunt of any provider loss due to non-compliance with this heavy-handed and constitutionally dubious vaccine mandate. Americans are quitting their jobs at a record pace, and this new federal mandate will only make matters worse and keep more Americans out of the workforce.

There are over 54 million Medicare-aged Americans, and it is our duty as Members of Congress representing those seniors to ensure they maintain access to their preferred health care provider. This is especially true when that means opposing an administrative agency's actions that will lead to fewer options for our constituents; longer wait times; and the inevitability of adverse health outcomes due to fewer available providers.

We strongly urge you to abandon implementing this onerous new rule and instead heed current statistics that show seniors are vaccinated at a higher rate than the rest of the population of vaccinated Americans while also uniquely vulnerable to disruptions in the health care system and consider the potentially negative consequences this mandate will have on the size and strength of our health care workforce. To truly ensure patient safety and protection, we must preserve Americans' access to their preferred providers rather than impose a new one-size-fits-all federal mandate on our nation's health care providers at a time when they can least afford it. Sincerely,

Vern Buchanan, Elise Stefanik, Jeff Duncan, Jodey V. Arrington, Mike Kelly, Larry Bucshon, M.D., Jim Banks, Brett Guthrie, Jackie Walorski, David B. McKinley, P.E., Gus M. Bilirakis, Bill Johnson, Debbie Lesko, Dan Crenshaw, Bill Posey, Bob Gibbs, Ralph Norman, John Joyce, M.D., Markwayne Mullin, Earl L. ``Buddy'' Carter, Michael Waltz, Doug Lamborn, Randy Feenstra, Neal P. Dunn, M.D., Brian Mast, Robert E. Latta.

Guy Reschenthaler, Kelly Armstrong, William Timmons, Gregory F. Murphy, M.D., Mike Johnson, Beth Van Duyne, Darin LaHood, Warren Davidson, Brian Babin, D.D.S., Brad R. Wenstrup, D.P.M., Glen Grothman, John H. Rutherford, Adrian Smith, Fred Keller, Jack Bergman, Michelle Steel, Kevin Hern, Dan Newhouse, Michael Cloud, Troy Balderson, A. Drew Ferguson, IV, D.M.D., John Moolenaar, Tim Burchett, C. Scott Franklin, Barry Moore, Tom McClintock, Eric A. ``Rick'' Crawford, Ronny L. Jackson, M.D., Jody Hice, Diana Harshbarger, Parm.D., Jason Smith, Tom Rice.

Tom Reed, Carlos Gimenez, Pete Sessions, Greg Pence, Ben Cline, Glenn ``GT'' Thompson, Mariannette J. Miller-Meeks, M.D., Claudia Tenney, Mike Rogers, Ron Estes, Ted Budd, Andy Harris, M.D., David Kustoff, Steve Chabot, Michael Guest, W. Gregory Steube, Randy K. Weber, Majorie Taylor Green, Lance Gooden, Pat Fallon, Michael C. Burgess, M.D., Kat Cammack, Andy Biggs, Carol D. Miller, Andrew S. Clyde, Devin Nunes, Stephanie Bice, Tracey Mann, Daniel Webster, Mary Miller, Darrell Issa, Rodney Davis.

Lisa McClain, Richard Hudson, Ann Wagner, Mario Diaz- Balart, Lloyd Smucker, Jeff Fortenberry, Dan Bishop, Jim Baird, John Rose, Louie Gohmert, David Schweikert, Rick W. Allen, Bill Huizenga, Bryon Donalds, Bruce Westerman, Andrew R. Garbarino, Nancy Mace, Vicky Hartzler, Steven M. Palazzo, Jake LaTurner, Chuck Fleischmann, Tom Emmer, Austin Scott, Trey Hollingsworth, Mike Bost.

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Mr. BUCSHON. The move was unprecedented. CMS does not impose such a mandate for any other vaccine. Furthermore, the vaccine, while effective at preventing severe disease and death, is not shown to totally prevent transmission of the virus.

It was difficult, if not impossible, to reconcile the rationale for implementing a mandate like this at the tail end of the pandemic while we as a Nation are struggling to staff hospitals, physician offices, and other ancillary providers.

Our Nation's healthcare system was already facing a growing healthcare workforce shortage, including a projected physician shortage of more than 100,000 by 2034. I was worried--and, indeed, we saw it play out--that implementing a Federal vaccine mandate would only serve to exacerbate the problem.

For example, in my home State, Indiana University lost 125 employees as a direct result of the vaccine requirement, and that is just one small example. Thousands of individuals across the country either resigned or were let go due to this mandate.

Now, over a year later, despite several lawsuits rising through the courts questioning the validity of this exact rule, the Biden administration continues to enforce this mandate.

Today's bill does what the Biden administration will not. It ends the onerous mandate imposed by a Federal Government agency on the American people. It provides important autonomy to healthcare workers and critical relief to hospitals and other facilities that continue to face staff shortages.

My Democratic colleagues will say that this mandate was worth it, that repealing it will hurt healthcare workers or patients they serve. I haven't seen any data to suggest that.

What we do know is that 95 percent of Americans have either been vaccinated or had COVID-19. We know the vaccine no longer totally prevents transmission of COVID-19.

CMS' vaccine mandate won't end with the public health emergency on May 11 or sooner if the previous bill that we just debated goes into law. It will go on indefinitely unless the administration rescinds it or Congress takes action.

Given that the administration threatened to veto this legislation, it doesn't seem like they plan to reverse course, so Congress must step in.

We are not taking away anyone's ability to get vaccinated. Healthcare workers can and should protect themselves, including getting vaccinated if they choose. Nor are we taking away the ability of individual health systems to make decisions about what vaccinations they may require.

For instance, many healthcare systems have required employees to get a flu shot for many years. The Federal Government simply shouldn't demand they do so.

Federal bureaucrats in Washington, D.C., do not know the needs of Hoosiers in my district or many Americans across the country and must not be allowed to make medical decisions on their behalf.

Mr. Speaker, for all of these reasons, I urge my colleagues to support H.R.

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Mr. BUCSHON. Mr. Speaker, I just want to remind everyone that I am a physician, and I support vaccination. I just don't support the Federal Government mandating it. If local facilities want to mandate vaccination, that is up to them. I just don't believe the Federal Government at CMS should do it. Also, in recent history, the only ones who have cut Medicare are the administration and the Democrats, not Republicans.

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Mr. BUCSHON. Mr. Speaker, I just want to remind everyone that CMS doesn't mandate any other vaccine, and this also doesn't preclude local hospital systems, local governments, or State governments from mandating a vaccine.

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Mr. BUCSHON. Mr. Speaker, I support vaccination of healthcare workers. I just don't think that CMS should be mandating it nationally.

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Mr. BUCSHON. Mr. Speaker, no one is endangered by this legislation. As I have said before, it doesn't prevent healthcare facilities from requiring a COVID vaccine for their employees.

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Mr. BUCSHON. Mr. Speaker, CMS mandates one vaccine, COVID-19. They don't mandate any other vaccines. That doesn't mean healthcare workers don't get the COVID-19 vaccine.

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Mr. BUCSHON. Mr. Speaker, viral diseases like measles have been around for centuries. COVID-19 likely will also be persistent.

So, when do my Democratic colleagues propose that this Federal mandate end? I propose that we pass this legislation and end it.

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Mr. BUCSHON. Greene).
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Mr. BUCSHON. Van Duyne).

Ms. VAN DUYNE. Mr. Speaker, I rise today in strong support of H.R. 497, the Freedom for Health Care Workers Act.

The people of north Texas have expressed their opposition to President Biden's authoritarian COVID-19 vaccine mandate for a variety of reasons.

Today, I would like to highlight the concerns that I have heard from firefighters and EMTs back home. The Biden administration's COVID-19 vaccine mandate is not only an overreach of government power, it has also become a public safety threat.

Since the vaccine mandate took effect, fire and EMT departments in north Texas have struggled to fully staff their departments.

This administration claims the vaccine requirement is in place to ensure patients have access to safe and essential care, but what about the people who experience a medical emergency, dial 911, and must wait longer for care due to staffing shortages?

Our local firefighters, paramedics, and EMTs provide lifesaving care. A fast response time can quite literally make the difference between life and death. It is already difficult to recruit and retain people to work in these stressful roles. The Federal Government shouldn't make it any harder.

The healthcare system is being overburdened by this unnecessary mandate, which has only worsened the EMS staffing shortage.

Mr. Speaker, I was proud to cosponsor this bill. I urge my colleagues to join me in voting for H.R. 497 today.
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Mr. BUCSHON. Mr. Speaker, may I inquire as to how much time remains on each side?

Mr. Speaker, I say again that I am a physician. I was a practicing physician for 15 years before I came into Congress. I am pro-vaccine. I believe that the COVID-19 vaccine saves lives and prevents serious illness. I have been vaccinated myself and boosted. My family has taken the vaccines.

That is not what this is about, Mr. Speaker. What this is about is a Federal mandate to force medical decisions on individual American citizens.

Again, it also doesn't stop local hospitals, like my hospitals in Evansville, Indiana, from requiring the COVID-19 vaccine for their employees. I think we have a disconnect here about what this legislation is actually about. It is actually about Federal control at CMS. Again, CMS has only mandated one vaccine, and that is the COVID-19 vaccine.

Mr. Speaker, I agree with my colleagues on the other side of the aisle that vaccines save lives, but I also think it should be a personal choice, and that is what this is about. We need to get past this because, as I mentioned earlier, other viral diseases like the measles have been around literally for centuries--centuries--so when does a Federal vaccine mandate for COVID-19 end?

When do we come to an end point, say, okay, the risk is so low that we are not going to mandate from CMS that you get a medical treatment that you may not want or you lose your job?

Now, again, I reiterate, if your local hospital or medical facility says, look, this is part of our employment requirement, okay, that is up to them, but not the Federal Government.

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Mr. BUCSHON. Mr. Speaker, I am prepared to close, and I reserve the balance of my time.

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Mr. BUCSHON. Mr. Speaker, I reiterate again that as a physician, I support vaccination for healthcare workers if they choose to do so or if their local medical facility says it is a requirement for them to be employed at that facility. I just don't support the Federal Government mandating it nationwide because they don't mandate any other vaccine, and they never have that I am aware of.

So there are all kinds of other things in medicine that I wish people would do:

I wish people would get screened for colon cancer.

I wish people would get their mammograms.

I wish people would get their pap smears.

I wish people would get their prostates checked.

The reality is it is a free country. We are not going to mandate all of those things, are we?

We could, I guess.

This is just another medical treatment that people should have the freedom to choose. The Federal Government shouldn't be mandating it.

Again, I can't be more clear, and other doctors that have spoken today have said, ``we believe in vaccinations.'' In fact, we did public service announcements supporting it. We just don't believe that CMS should be mandating this for healthcare workers, and that this mandate should end.

Mr. Speaker, I urge all of my colleagues to support H.R. 497, and I yield back the balance of my time.

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