Bill Amendment: TX HB44 | 2023-2024 | 88th Legislature

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Relating to provider discrimination against a Medicaid recipient or child health plan program enrollee based on immunization status.

Status: 2023-06-12 - Effective on 9/1/23 [HB44 Detail]

Download: Texas-2023-HB44-Senate_Amendment_S_2_F2-Perry.html

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Amend CSHB 44 (senate committee report) in SECTION 1 of the bill as follows:

(1)  Immediately following added Section 531.02119(a), Government Code (page 1, between lines 35 and 36), insert the following:

(a-1)  Notwithstanding Subsection (a), a provider is not in violation of this section if the provider:

(1)  adopts a policy requiring some or all of the provider's patients, including patients who are Medicaid recipients or child health plan program enrollees, to be vaccinated or immunized against a particular infections or communicable disease to receive health care services from the provider; and

(2)  provides an exemption to the policy described by Subdivision (1) under which the provider accepts from a patient who is a Medicaid recipient or child health plan program enrollee an oral or written request for an exemption from each required vaccination or immunization based on:

(A)  a reason of conscience, including a sincerely held religious belief, observance, or practice, that is incompatible with the administration of the vaccination or immunization; or

(B)  a recognized medical condition for which the vaccinations or immunization is contraindicated.

(2)  Strike added Section 531.02119(e), Government Code (page 1, lines 50 and 51), and substitute the following:

(e)  The executive commissioner shall adopt rules necessary to implement this section, including rules establishing the right of a provider who is alleged to have violated this section to seek administrative and judicial review of the alleged violation.