Amend CSHB 44 (senate committee report) in SECTION 1 of the bill, in added Section 531.02119, Government Code (page 1), by striking lines 26 through 35 and substituting the following:
Sec. 531.02119. DISCRIMINATION BASED ON VACCINATION OR IMMUNIZATION STATUS. (a) In this section, "COVID-19" means the 2019 novel coronavirus disease and any variants of the disease.
(a-1) 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:
(1) may not refuse to provide health care services to a child who is a Medicaid recipient or child health plan program enrollee based solely on the child's refusal or failure to obtain a vaccination or immunization:
(A) for COVID-19; or
(B) that is required by law, including Section 161.004, Health and Safety Code, if the child is exempt from obtaining the vaccination or immunization under the applicable law based on reasons of conscience or because the vaccination or immunization is medically contraindicated; and
(2) may refuse to provide health care services to a child who is a Medicaid recipient or child health plan program enrollee if the child has not obtained a vaccination or immunization that is required by law, including Section 161.004, Health and Safety Code, other than a vaccination or immunization described by Subdivision (1).