89R13627 MPF-D
By: Schatzline H.B. No. 3957
A BILL TO BE ENTITLED
AN ACT
relating to prohibited discrimination based on a child's
immunization status; authorizing administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Section 161.0103 to read as follows:
Sec. 161.0103. PROHIBITED DISCRIMINATION OF CHILD BASED ON
IMMUNIZATION STATUS. (a) In this section:
(1) "Health care facility" means a facility licensed,
certified, or otherwise authorized to provide health care in the
ordinary course of business in this state.
(2) "Health care practitioner" means an individual
qualified or licensed to perform or provide health care services in
this state.
(3) "Public health disaster" and "public health
emergency" have the meanings assigned by Section 81.003.
(b) Notwithstanding any other law, a health care
practitioner may not, based on whether a child is immunized for a
particular infectious or communicable disease:
(1) deny or refuse to provide to the child a health
care treatment, procedure, or service; or
(2) otherwise discriminate against a child or the
child's parent, legal guardian, or managing conservator in
providing to the child a health care treatment, procedure, or
service.
(c) Notwithstanding any other law, a health care facility
may not adopt or enforce a policy under which a child is denied or
refused a health care treatment, procedure, or service based on
whether the child is immunized for a particular infectious or
communicable disease.
(d) The prohibitions under Subsections (b) and (c) do not
apply to a denial or refusal to provide to a child a health care
treatment, procedure, or service based on whether the child is
immunized for a particular infectious or communicable disease that
is the subject of an ongoing public health disaster or public health
emergency.
(e) This section does not prohibit a health care
practitioner from recommending vaccination or immunization for a
particular infectious or communicable disease for a child.
(f) A health care facility shall post in a prominent and
conspicuous location at the facility a sign informing patients of a
child's right to receive nondiscriminatory health care treatments,
procedures, and services regardless of whether the child is
immunized for a particular infectious or communicable disease.
(g) The parent, legal guardian, or managing conservator of a
child may file a complaint with:
(1) the appropriate state regulatory agency,
including the Texas Medical Board or Texas Board of Nursing,
against a health care practitioner for an alleged violation of
Subsection (b); and
(2) the commission against a health care facility for
an alleged violation of Subsection (c).
(h) If after investigating a complaint received under
Subsection (g) the appropriate state regulatory agency determines a
health care practitioner has violated Subsection (b), the agency
shall:
(1) for the first violation, issue a warning to the
practitioner and require the practitioner to complete the training
program described by Subsection (l);
(2) for the second violation, impose an administrative
penalty of not more than $5,000; and
(3) for the third and each subsequent violation:
(A) impose an administrative penalty of not more
than $15,000;
(B) temporarily suspend the practitioner's
license to perform or provide health care services in this state; or
(C) if a pattern of violation exists, revoke the
practitioner's license to perform or provide health care services
in this state.
(i) If after investigating a complaint received under
Subsection (g) the commission determines a health care facility
violated Subsection (c), the commission shall:
(1) for the first violation, issue a warning to the
facility;
(2) for the second violation, impose an administrative
penalty of not more than $20,000; and
(3) for the third and each subsequent violation:
(A) impose an administrative penalty of not more
than $50,000;
(B) temporarily suspend the facility's license
to operate in this state; or
(C) if a pattern of violation exists, revoke the
facility's license to operate in this state.
(j) A child's parent, legal guardian, or managing
conservator may bring a civil action against a health care
practitioner or health care facility for an alleged violation of
Subsection (b) or (c), as applicable.
(k) A claimant that brings a civil action under Subsection
(j) may recover:
(1) compensatory damages;
(2) injunctive relief;
(3) reasonable attorney's fees; and
(4) court costs.
(l) The Texas Medical Board, the Texas Board of Nursing, and
other appropriate state regulatory agencies in collaboration with
the commission shall develop and implement a training program for
health care practitioners on the provision of health care
treatments, procedures, and services to a child in a manner that
complies with the prohibition under Subsection (b).
SECTION 2. Chapter 544, Insurance Code, is amended by
adding Subchapter O to read as follows:
SUBCHAPTER O. IMMUNIZATION STATUS
Sec. 544.701. DEFINITIONS. In this subchapter:
(1) "Health benefit plan issuer" means an insurer,
health maintenance organization, or other entity authorized to
provide health benefits coverage under the laws of this state.
(2) "Participating provider" means a health care
provider who has contracted with a health benefit plan issuer to
provide services to enrollees.
Sec. 544.702. PROHIBITED DISCRIMINATION AGAINST CHILD. A
health benefit plan issuer may not reject, deny, limit the amount
of, cancel, or otherwise adversely affect the coverage available to
a child under a plan the issuer offers based on whether the child is
immunized for a particular infectious or communicable disease.
Sec. 544.703. PROHIBITED DISCRIMINATION AGAINST
PARTICIPATING PROVIDER. A health benefit plan issuer may not deny a
participating provider's claim for reimbursement for a health care
treatment, procedure, or service provided to a patient who is a
child based on whether the child has been immunized for a particular
infectious or communicable disease.
SECTION 3. As soon as practicable after the effective date
of this Act, the Texas Medical Board, the Texas Board of Nursing,
the Health and Human Services Commission, and other appropriate
state regulatory agencies shall develop and implement the training
program required by Section 161.0103(l), Health and Safety Code, as
added by this Act.
SECTION 4. Subchapter O, Chapter 544, Insurance Code, as
added by this Act, applies only to a health benefit plan or
insurance policy delivered, issued for delivery, or renewed on or
after January 1, 2026.
SECTION 5. This Act takes effect September 1, 2025.