By: Swanson, Klick, Slawson, Hefner, H.B. No. 44
Morales Shaw, et al.
A BILL TO BE ENTITLED
AN ACT
relating to provider discrimination against a Medicaid recipient or
child health plan program enrollee based on immunization status.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.02119 to read as follows:
Sec. 531.02119. DISCRIMINATION BASED ON IMMUNIZATION
STATUS PROHIBITED. (a) A provider who participates in Medicaid or
the child health plan program, including a provider participating
in the provider network of a managed care organization that
contracts with the commission to provide services under Medicaid or
the child health plan program, may not refuse to provide health care
services to a Medicaid recipient or child health plan program
enrollee based solely on the recipient's or enrollee's refusal or
failure to obtain a vaccine or immunization for a particular
infectious or communicable disease.
(b) The commission:
(1) may not provide Medicaid or child health plan
program reimbursement to a provider who violates this section; and
(2) shall disenroll the provider from participation as
a Medicaid or child health plan program provider.
(b-1) Subsection (b) applies only to an individual
physician who violates this section. The commission may not refuse
to reimburse or disenroll an individual physician or other provider
who did not violate this section, regardless of whether that
physician or provider is a member of a provider group or medical
organization with the physician who violated this section.
(c) The executive commissioner may adopt rules as necessary
to implement this section.
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. This Act takes effect September 1, 2023.