Texas 2025 - 89th Regular

Texas House Bill HB3957 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13627 MPF-D
2	2	By: Schatzline H.B. No. 3957
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibited discrimination based on a child's
10	10	immunization status; authorizing administrative penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 161, Health and Safety
13	13	Code, is amended by adding Section 161.0103 to read as follows:
14	14	Sec. 161.0103. PROHIBITED DISCRIMINATION OF CHILD BASED ON
15	15	IMMUNIZATION STATUS. (a) In this section:
16	16	(1) "Health care facility" means a facility licensed,
17	17	certified, or otherwise authorized to provide health care in the
18	18	ordinary course of business in this state.
19	19	(2) "Health care practitioner" means an individual
20	20	qualified or licensed to perform or provide health care services in
21	21	this state.
22	22	(3) "Public health disaster" and "public health
23	23	emergency" have the meanings assigned by Section 81.003.
24	24	(b) Notwithstanding any other law, a health care
25	25	practitioner may not, based on whether a child is immunized for a
26	26	particular infectious or communicable disease:
27	27	(1) deny or refuse to provide to the child a health
28	28	care treatment, procedure, or service; or
29	29	(2) otherwise discriminate against a child or the
30	30	child's parent, legal guardian, or managing conservator in
31	31	providing to the child a health care treatment, procedure, or
32	32	service.
33	33	(c) Notwithstanding any other law, a health care facility
34	34	may not adopt or enforce a policy under which a child is denied or
35	35	refused a health care treatment, procedure, or service based on
36	36	whether the child is immunized for a particular infectious or
37	37	communicable disease.
38	38	(d) The prohibitions under Subsections (b) and (c) do not
39	39	apply to a denial or refusal to provide to a child a health care
40	40	treatment, procedure, or service based on whether the child is
41	41	immunized for a particular infectious or communicable disease that
42	42	is the subject of an ongoing public health disaster or public health
43	43	emergency.
44	44	(e) This section does not prohibit a health care
45	45	practitioner from recommending vaccination or immunization for a
46	46	particular infectious or communicable disease for a child.
47	47	(f) A health care facility shall post in a prominent and
48	48	conspicuous location at the facility a sign informing patients of a
49	49	child's right to receive nondiscriminatory health care treatments,
50	50	procedures, and services regardless of whether the child is
51	51	immunized for a particular infectious or communicable disease.
52	52	(g) The parent, legal guardian, or managing conservator of a
53	53	child may file a complaint with:
54	54	(1) the appropriate state regulatory agency,
55	55	including the Texas Medical Board or Texas Board of Nursing,
56	56	against a health care practitioner for an alleged violation of
57	57	Subsection (b); and
58	58	(2) the commission against a health care facility for
59	59	an alleged violation of Subsection (c).
60	60	(h) If after investigating a complaint received under
61	61	Subsection (g) the appropriate state regulatory agency determines a
62	62	health care practitioner has violated Subsection (b), the agency
63	63	shall:
64	64	(1) for the first violation, issue a warning to the
65	65	practitioner and require the practitioner to complete the training
66	66	program described by Subsection (l);
67	67	(2) for the second violation, impose an administrative
68	68	penalty of not more than $5,000; and
69	69	(3) for the third and each subsequent violation:
70	70	(A) impose an administrative penalty of not more
71	71	than $15,000;
72	72	(B) temporarily suspend the practitioner's
73	73	license to perform or provide health care services in this state; or
74	74	(C) if a pattern of violation exists, revoke the
75	75	practitioner's license to perform or provide health care services
76	76	in this state.
77	77	(i) If after investigating a complaint received under
78	78	Subsection (g) the commission determines a health care facility
79	79	violated Subsection (c), the commission shall:
80	80	(1) for the first violation, issue a warning to the
81	81	facility;
82	82	(2) for the second violation, impose an administrative
83	83	penalty of not more than $20,000; and
84	84	(3) for the third and each subsequent violation:
85	85	(A) impose an administrative penalty of not more
86	86	than $50,000;
87	87	(B) temporarily suspend the facility's license
88	88	to operate in this state; or
89	89	(C) if a pattern of violation exists, revoke the
90	90	facility's license to operate in this state.
91	91	(j) A child's parent, legal guardian, or managing
92	92	conservator may bring a civil action against a health care
93	93	practitioner or health care facility for an alleged violation of
94	94	Subsection (b) or (c), as applicable.
95	95	(k) A claimant that brings a civil action under Subsection
96	96	(j) may recover:
97	97	(1) compensatory damages;
98	98	(2) injunctive relief;
99	99	(3) reasonable attorney's fees; and
100	100	(4) court costs.
101	101	(l) The Texas Medical Board, the Texas Board of Nursing, and
102	102	other appropriate state regulatory agencies in collaboration with
103	103	the commission shall develop and implement a training program for
104	104	health care practitioners on the provision of health care
105	105	treatments, procedures, and services to a child in a manner that
106	106	complies with the prohibition under Subsection (b).
107	107	SECTION 2. Chapter 544, Insurance Code, is amended by
108	108	adding Subchapter O to read as follows:
109	109	SUBCHAPTER O. IMMUNIZATION STATUS
110	110	Sec. 544.701. DEFINITIONS. In this subchapter:
111	111	(1) "Health benefit plan issuer" means an insurer,
112	112	health maintenance organization, or other entity authorized to
113	113	provide health benefits coverage under the laws of this state.
114	114	(2) "Participating provider" means a health care
115	115	provider who has contracted with a health benefit plan issuer to
116	116	provide services to enrollees.
117	117	Sec. 544.702. PROHIBITED DISCRIMINATION AGAINST CHILD. A
118	118	health benefit plan issuer may not reject, deny, limit the amount
119	119	of, cancel, or otherwise adversely affect the coverage available to
120	120	a child under a plan the issuer offers based on whether the child is
121	121	immunized for a particular infectious or communicable disease.
122	122	Sec. 544.703. PROHIBITED DISCRIMINATION AGAINST
123	123	PARTICIPATING PROVIDER. A health benefit plan issuer may not deny a
124	124	participating provider's claim for reimbursement for a health care
125	125	treatment, procedure, or service provided to a patient who is a
126	126	child based on whether the child has been immunized for a particular
127	127	infectious or communicable disease.
128	128	SECTION 3. As soon as practicable after the effective date
129	129	of this Act, the Texas Medical Board, the Texas Board of Nursing,
130	130	the Health and Human Services Commission, and other appropriate
131	131	state regulatory agencies shall develop and implement the training
132	132	program required by Section 161.0103(l), Health and Safety Code, as
133	133	added by this Act.
134	134	SECTION 4. Subchapter O, Chapter 544, Insurance Code, as
135	135	added by this Act, applies only to a health benefit plan or
136	136	insurance policy delivered, issued for delivery, or renewed on or
137	137	after January 1, 2026.
138	138	SECTION 5. This Act takes effect September 1, 2025.