Prohibition on Medicare and Medicaid COVID–19 vaccination mandates

Notwithstanding any provision of title XI, XVIII, or XIX of the Social Security Act (42 U.S.C. 1301 et seq., 1395 et seq., 1396 et seq.), the Secretary of Health and Human Services may not 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 against COVID–19, and may not otherwise penalize such a provider for such provider’s failure to so mandate such vaccination or so require such testing.