H.B. No. 44
 
 
 
 
AN ACT
  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