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A BILL TO BE ENTITLED
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AN ACT
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relating to discrimination by a provider participating in Medicaid |
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or the child health plan program against an individual based on |
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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 an individual, including a Medicaid recipient or child |
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health plan program enrollee, based on the individual'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: |
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(1) may not provide Medicaid or child health plan |
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program reimbursement to a provider who violates this section; and |
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(2) shall disenroll the provider from participation as |
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a Medicaid or child health plan program provider. |
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(c) 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. |