Texas 2023 - 88th Regular

Texas House Bill HB44 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 44
2	2
3	3
4	4	AN ACT
5	5	relating to provider discrimination against a Medicaid recipient or
6	6	child health plan program enrollee based on immunization status.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter B, Chapter 531, Government Code, is
9	9	amended by adding Section 531.02119 to read as follows:
10	10	Sec. 531.02119. DISCRIMINATION BASED ON IMMUNIZATION
11	11	STATUS PROHIBITED. (a) A provider who participates in Medicaid or
12	12	the child health plan program, including a provider participating
13	13	in the provider network of a managed care organization that
14	14	contracts with the commission to provide services under Medicaid or
15	15	the child health plan program, may not refuse to provide health care
16	16	services to a Medicaid recipient or child health plan program
17	17	enrollee based solely on the recipient's or enrollee's refusal or
18	18	failure to obtain a vaccine or immunization for a particular
19	19	infectious or communicable disease.
20	20	(a-1) Notwithstanding Subsection (a), a provider is not in
21	21	violation of this section if the provider:
22	22	(1) adopts a policy requiring some or all of the
23	23	provider's patients, including patients who are Medicaid
24	24	recipients or child health plan program enrollees, to be vaccinated
25	25	or immunized against a particular infection or communicable disease
26	26	to receive health care services from the provider; and
27	27	(2) provides an exemption to the policy described by
28	28	Subdivision (1) under which the provider accepts from a patient who
29	29	is a Medicaid recipient or child health plan program enrollee an
30	30	oral or written request for an exemption from each required
31	31	vaccination or immunization based on:
32	32	(A) a reason of conscience, including a sincerely
33	33	held religious belief, observance, or practice, that is
34	34	incompatible with the administration of the vaccination or
35	35	immunization; or
36	36	(B) a recognized medical condition for which the
37	37	vaccination or immunization is contraindicated.
38	38	(b) The commission may not provide any reimbursement under
39	39	Medicaid or the child health plan program, as applicable, to a
40	40	provider who violates this section unless and until the commission
41	41	finds that the provider is in compliance with this section.
42	42	(c) Subsection (b) applies only with respect to an
43	43	individual physician. The commission may not refuse to provide
44	44	reimbursement to a provider who did not violate this section based
45	45	on that provider's membership in a provider group or medical
46	46	organization with an individual physician who violated this
47	47	section.
48	48	(d) This section does not apply to a provider who is a
49	49	specialist in:
50	50	(1) oncology; or
51	51	(2) organ transplant services.
52	52	(e) The executive commissioner shall adopt rules necessary
53	53	to implement this section, including rules establishing the right
54	54	of a provider who is alleged to have violated this section to seek
55	55	administrative and judicial review of the alleged violation.
56	56	SECTION 2. If before implementing any provision of this Act
57	57	a state agency determines that a waiver or authorization from a
58	58	federal agency is necessary for implementation of that provision,
59	59	the agency affected by the provision shall request the waiver or
60	60	authorization and may delay implementing that provision until the
61	61	waiver or authorization is granted.
62	62	SECTION 3. This Act takes effect September 1, 2023.
63	63	______________________________ ______________________________
64	64	President of the Senate Speaker of the House
65	65	I certify that H.B. No. 44 was passed by the House on April
66	66	25, 2023, by the following vote: Yeas 93, Nays 54, 1 present, not
67	67	voting; and that the House concurred in Senate amendments to H.B.
68	68	No. 44 on May 26, 2023, by the following vote: Yeas 104, Nays 32, 2
69	69	present, not voting.
70	70	______________________________
71	71	Chief Clerk of the House
72	72	I certify that H.B. No. 44 was passed by the Senate, with
73	73	amendments, on May 24, 2023, by the following vote: Yeas 18, Nays
74	74	12.
75	75	______________________________
76	76	Secretary of the Senate
77	77	APPROVED: __________________
78	78	Date
79	79	__________________
80	80	Governor