88R2791 JG-F
By: Hall S.B. No. 303
A BILL TO BE ENTITLED
AN ACT
relating to discrimination by a provider participating in Medicaid
or the child health plan program against an individual 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 an individual, including a Medicaid recipient or child
health plan program enrollee, based on the individual'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.
(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.