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By: Swanson, et al. (Senate Sponsor - Middleton) |
H.B. No. 44 |
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(In the Senate - Received from the House April 26, 2023; |
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April 26, 2023, read first time and referred to Committee on Health & |
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Human Services; May 21, 2023, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 5, Nays 3; |
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May 21, 2023, sent to printer.) |
Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR H.B. No. 44 |
By: Sparks |
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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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KolkhorstX |
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PerryX |
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BlancoX |
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HallX |
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HancockX |
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HughesX |
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LaMantiaX |
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MilesX |
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SparksX |
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A BILL TO BE ENTITLED
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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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(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 may adopt rules as necessary |
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to implement this section. |
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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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