H.B. No. 4076 is a legislative act that prohibits discrimination against organ transplant recipients based on their vaccination status. The bill amends the Health and Safety Code by adding Section 161.474, which explicitly states that health care providers cannot determine an individual's eligibility for an organ transplant, deny related medical services, refuse referrals to transplant centers, or place individuals lower on waiting lists solely due to their vaccination status. However, it allows health care providers to consider vaccination status in treatment recommendations if deemed medically significant by a physician after an individualized evaluation.

Additionally, the bill protects health care providers from adverse actions or penalties for complying with the non-discrimination provisions. It also permits providers to develop alternative risk mitigation strategies and inform patients about the risks and benefits of vaccination. The executive commissioner of the Health and Human Services Commission is required to adopt necessary rules for implementation by January 1, 2026, and the act is set to take effect on September 1, 2025.

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