| 1 | 1 | | 88R2791 JG-F |
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| 2 | 2 | | By: Hall S.B. No. 303 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to discrimination by a provider participating in Medicaid |
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| 8 | 8 | | or the child health plan program against an individual based on |
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| 9 | 9 | | immunization status. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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| 12 | 12 | | amended by adding Section 531.02119 to read as follows: |
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| 13 | 13 | | Sec. 531.02119. DISCRIMINATION BASED ON IMMUNIZATION |
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| 14 | 14 | | STATUS PROHIBITED. (a) A provider who participates in Medicaid or |
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| 15 | 15 | | the child health plan program, including a provider participating |
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| 16 | 16 | | in the provider network of a managed care organization that |
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| 17 | 17 | | contracts with the commission to provide services under Medicaid or |
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| 18 | 18 | | the child health plan program, may not refuse to provide health care |
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| 19 | 19 | | services to an individual, including a Medicaid recipient or child |
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| 20 | 20 | | health plan program enrollee, based on the individual's refusal or |
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| 21 | 21 | | failure to obtain a vaccine or immunization for a particular |
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| 22 | 22 | | infectious or communicable disease. |
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| 23 | 23 | | (b) The commission: |
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| 24 | 24 | | (1) may not provide Medicaid or child health plan |
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| 25 | 25 | | program reimbursement to a provider who violates this section; and |
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| 26 | 26 | | (2) shall disenroll the provider from participation as |
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| 27 | 27 | | a Medicaid or child health plan program provider. |
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| 28 | 28 | | (c) The executive commissioner may adopt rules as necessary |
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| 29 | 29 | | to implement this section. |
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| 30 | 30 | | SECTION 2. If before implementing any provision of this Act |
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| 31 | 31 | | a state agency determines that a waiver or authorization from a |
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| 32 | 32 | | federal agency is necessary for implementation of that provision, |
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| 33 | 33 | | the agency affected by the provision shall request the waiver or |
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| 34 | 34 | | authorization and may delay implementing that provision until the |
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| 35 | 35 | | waiver or authorization is granted. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2023. |
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