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AN ACT
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relating to provider discrimination against a Medicaid recipient or |
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child health plan program enrollee based on immunization status. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.02119 to read as follows: |
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Sec. 531.02119. DISCRIMINATION BASED ON IMMUNIZATION |
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STATUS PROHIBITED. (a) A provider who participates in Medicaid or |
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the child health plan program, including a provider participating |
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in the provider network of a managed care organization that |
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contracts with the commission to provide services under Medicaid or |
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the child health plan program, may not refuse to provide health care |
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services to a Medicaid recipient or child health plan program |
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enrollee based solely on the recipient's or enrollee's refusal or |
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failure to obtain a vaccine or immunization for a particular |
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infectious or communicable disease. |
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(a-1) Notwithstanding Subsection (a), a provider is not in |
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violation of this section if the provider: |
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(1) adopts a policy requiring some or all of the |
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provider's patients, including patients who are Medicaid |
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recipients or child health plan program enrollees, to be vaccinated |
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or immunized against a particular infection or communicable disease |
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to receive health care services from the provider; and |
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(2) provides an exemption to the policy described by |
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Subdivision (1) under which the provider accepts from a patient who |
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is a Medicaid recipient or child health plan program enrollee an |
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oral or written request for an exemption from each required |
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vaccination or immunization based on: |
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(A) a reason of conscience, including a sincerely |
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held religious belief, observance, or practice, that is |
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incompatible with the administration of the vaccination or |
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immunization; or |
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(B) a recognized medical condition for which the |
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vaccination or immunization is contraindicated. |
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(b) The commission may not provide any reimbursement under |
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Medicaid or the child health plan program, as applicable, to a |
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provider who violates this section unless and until the commission |
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finds that the provider is in compliance with this section. |
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(c) Subsection (b) applies only with respect to an |
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individual physician. The commission may not refuse to provide |
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reimbursement to a provider who did not violate this section based |
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on that provider's membership in a provider group or medical |
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organization with an individual physician who violated this |
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section. |
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(d) This section does not apply to a provider who is a |
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specialist in: |
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(1) oncology; or |
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(2) organ transplant services. |
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(e) The executive commissioner shall adopt rules necessary |
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to implement this section, including rules establishing the right |
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of a provider who is alleged to have violated this section to seek |
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administrative and judicial review of the alleged violation. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 44 was passed by the House on April |
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25, 2023, by the following vote: Yeas 93, Nays 54, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 44 on May 26, 2023, by the following vote: Yeas 104, Nays 32, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 44 was passed by the Senate, with |
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amendments, on May 24, 2023, by the following vote: Yeas 18, Nays |
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12. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |