H.B. No. 4076 is a legislative act aimed at prohibiting discrimination against organ transplant recipients based on their vaccination status. The bill introduces a new section, Section 161.474, to the Health and Safety Code, which explicitly states that health care providers cannot determine an individual's eligibility for an organ transplant or deny related medical services solely based on their vaccination status. This includes actions such as refusing to refer individuals to transplant centers or placing them lower on waiting lists due to their vaccination status. However, the bill allows health care providers to consider vaccination status if a physician determines it is medically significant to the transplant process.

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, such as antibody testing and prophylactic treatments, instead of requiring vaccinations. The executive commissioner of the Health and Human Services Commission is tasked with adopting necessary rules to implement this section by January 1, 2026, and the act is set to take effect on September 1, 2025.

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