Bill Text: TX HB44 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to provider discrimination against a Medicaid recipient or child health plan program enrollee based on immunization status.
Spectrum: Strong Partisan Bill (Republican 49-4)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB44 Detail]
Download: Texas-2023-HB44-Comm_Sub.html
Bill Title: Relating to provider discrimination against a Medicaid recipient or child health plan program enrollee based on immunization status.
Spectrum: Strong Partisan Bill (Republican 49-4)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB44 Detail]
Download: Texas-2023-HB44-Comm_Sub.html
| By: Swanson, et al. (Senate Sponsor - Middleton) | H.B. No. 44 | |
| (In the Senate - Received from the House April 26, 2023; | ||
| April 26, 2023, read first time and referred to Committee on Health & | ||
| Human Services; May 21, 2023, reported adversely, with favorable | ||
| Committee Substitute by the following vote: Yeas 5, Nays 3; | ||
| May 21, 2023, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR H.B. No. 44 | By: Sparks | |
| COMMITTEE VOTE | ||
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| relating to provider discrimination against a Medicaid recipient or | ||
| child health plan program enrollee 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 a Medicaid recipient or child health plan program | ||
| enrollee based solely on the recipient's or enrollee's refusal or | ||
| failure to obtain a vaccine or immunization for a particular | ||
| infectious or communicable disease. | ||
| (b) The commission may not provide any reimbursement under | ||
| Medicaid or the child health plan program, as applicable, to a | ||
| provider who violates this section unless and until the commission | ||
| finds that the provider is in compliance with this section. | ||
| (c) Subsection (b) applies only with respect to an | ||
| individual physician. The commission may not refuse to provide | ||
| reimbursement to a provider who did not violate this section based | ||
| on that provider's membership in a provider group or medical | ||
| organization with an individual physician who violated this | ||
| section. | ||
| (d) This section does not apply to a provider who is a | ||
| specialist in: | ||
| (1) oncology; or | ||
| (2) organ transplant services. | ||
| (e) 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. | ||
| * * * * * | ||
