By: Swanson, et al. (Senate Sponsor - Middleton) H.B. No. 44
(In the Senate - Received from the House April 26, 2023;
April 26, 2023, read first time and referred to Committee on Health &
Human Services; May 21, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 3;
May 21, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 44 By: Sparks
COMMITTEE VOTE
YeaNayAbsentPNV
KolkhorstX
PerryX
BlancoX
HallX
HancockX
HughesX
LaMantiaX
MilesX
SparksX
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 may not provide any reimbursement under
Medicaid or the child health plan program, as applicable, to a
provider who violates this section unless and until the commission
finds that the provider is in compliance with this section.
(c) Subsection (b) applies only with respect to an
individual physician. The commission may not refuse to provide
reimbursement to a provider who did not violate this section based
on that provider's membership in a provider group or medical
organization with an individual physician who violated this
section.
(d) This section does not apply to a provider who is a
specialist in:
(1) oncology; or
(2) organ transplant services.
(e) 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.
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