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.