H.B. No. 44
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.
(a-1) Notwithstanding Subsection (a), a provider is not in
violation of this section if the provider:
(1) adopts a policy requiring some or all of the
provider's patients, including patients who are Medicaid
recipients or child health plan program enrollees, to be vaccinated
or immunized against a particular infection or communicable disease
to receive health care services from the provider; and
(2) provides an exemption to the policy described by
Subdivision (1) under which the provider accepts from a patient who
is a Medicaid recipient or child health plan program enrollee an
oral or written request for an exemption from each required
vaccination or immunization based on:
(A) a reason of conscience, including a sincerely
held religious belief, observance, or practice, that is
incompatible with the administration of the vaccination or
immunization; or
(B) a recognized medical condition for which the
vaccination or immunization is contraindicated.
(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 shall adopt rules necessary
to implement this section, including rules establishing the right
of a provider who is alleged to have violated this section to seek
administrative and judicial review of the alleged violation.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 44 was passed by the House on April
25, 2023, by the following vote: Yeas 93, Nays 54, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 44 on May 26, 2023, by the following vote: Yeas 104, Nays 32, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 44 was passed by the Senate, with
amendments, on May 24, 2023, by the following vote: Yeas 18, Nays
12.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor