Bill Text: TX HB44 | 2023-2024 | 88th Legislature | Enrolled
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-Enrolled.html
| H.B. No. 44 | ||
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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. | ||
| (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 infection 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 | ||
| vaccination or immunization is contraindicated. | ||
| (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 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. | ||
| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 44 was passed by the House on April | ||
| 25, 2023, by the following vote: Yeas 93, Nays 54, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 44 on May 26, 2023, by the following vote: Yeas 104, Nays 32, 2 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 44 was passed by the Senate, with | ||
| amendments, on May 24, 2023, by the following vote: Yeas 18, Nays | ||
| 12. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
