Bill Text: TX HB44 | 2023-2024 | 88th Legislature | Engrossed
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-Engrossed.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-Engrossed.html
By: Swanson, Klick, Slawson, Hefner, | H.B. No. 44 | |
Morales Shaw, et al. |
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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: | ||
(1) may not provide Medicaid or child health plan | ||
program reimbursement to a provider who violates this section; and | ||
(2) shall disenroll the provider from participation as | ||
a Medicaid or child health plan program provider. | ||
(b-1) Subsection (b) applies only to an individual | ||
physician who violates this section. The commission may not refuse | ||
to reimburse or disenroll an individual physician or other provider | ||
who did not violate this section, regardless of whether that | ||
physician or provider is a member of a provider group or medical | ||
organization with the physician who violated this section. | ||
(c) 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. |