Congresswoman Beth Van Duyne Introduces the Protecting Healthcare Employee Privacy Act

Congresswoman Beth Van Duyne recently introduced the “Protecting Healthcare Employee Privacy Act,” which will end overburdensome vaccine reporting requirements unfairly imposed on healthcare personnel employed at Ambulatory Surgical Centers (ASCs). The bill will force the Department of Health and Human Services to remove this requirement, which unfairly penalizes ASCs if they do not report their employees’ COVID-19 vaccination status every quarter. This onerous reporting mandate unnecessarily burdens ASCs, exacerbates workforce challenges, and threatens access to quality care. 

“Healthcare facilities across our country, including in Texas-24, are struggling to find personnel and arbitrary vaccine reporting requirements are worsening this workforce shortage. In response to the concerns raised by North Texans during a tour of a local Ambulatory Surgical Center, I’m introducing the Protecting Healthcare Employee Privacy Act to end this baseless requirement and protect the privacy of our healthcare workers,” said Congresswoman Beth Van Duyne.

The bill is supported by the Ambulatory Surgery Center Association:

“ASCA and its members support Medicare’s quality reporting program insofar as it provides meaningful information to patients to help them get the safe and effective care they need. Unfortunately, the COVID-19 vaccination status reporting measure that this legislation addresses, ASC-20, imposes significant administrative burden without producing any benefit to patients.  We thank Rep. Van Duyne for her legislation to remove it from the program,” said Bill Prentice, Chief Executive Officer of the Ambulatory Surgery Center Association.

BACKGROUND:

• On May 11th, 2023, the federal public health emergency for COVID-19 expired.
• On May 31st, 2023, the Centers for Medicare & Medicaid Services (CMS) removed COVID-19 vaccination and testing requirements for hospitals.
• Despite the Center for Medicare and Medicaid Services removing COVID-19 vaccination and testing requirements for hospitals, they continue to require ASCs to report their workers’ vaccination status every quarter or face a 2% payment penalty to their reimbursement.
• In November 2023, Congresswoman Van Duyne introduced an amendment to H.R. 5894, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, which would end this vaccination reporting mandate. After she spoke on the House floor, her amendment was agreed to by voice vote.

Congresswoman Van Duyne was joined by Reps. Adrian Smith (NE-03), Claudia Tenney (NY-24), Mariannette Miller-Meeks (IA-01), Bill Posey (FL-08), Don Bacon (NE-02), Aaron Bean (FL-04), Rudy Yakym (IN-02), Keith Self (TX-03), Ronny Jackson (TX-13), Richard McCormick (GA-06), Michael Cloud (TX-27), Thomas Tiffany (WI-07), Harriet Hageman (WY-AL), Paul Gosar (AZ-09), Andy Harris (MD-01), Troy Nehls (TX-22), Andy Biggs (AZ-05), Warren Davidson (OH-08), and Bruce Westerman (AR-04) as original cosponsors.