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.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 44 By:  Sparks
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         KolkhorstX
         PerryX
         BlancoX
         HallX
         HancockX
         HughesX
         LaMantiaX
         MilesX
         SparksX
 
 
A BILL TO BE ENTITLED
 
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.
         (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.
 
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