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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited discrimination based on a child's |
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immunization status; authorizing administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0103 to read as follows: |
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Sec. 161.0103. PROHIBITED DISCRIMINATION OF CHILD BASED ON |
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IMMUNIZATION STATUS. (a) In this section: |
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(1) "Health care facility" means a facility licensed, |
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certified, or otherwise authorized to provide health care in the |
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ordinary course of business in this state. |
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(2) "Health care practitioner" means an individual |
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qualified or licensed to perform or provide health care services in |
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this state. |
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(3) "Public health disaster" and "public health |
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emergency" have the meanings assigned by Section 81.003. |
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(b) Notwithstanding any other law, a health care |
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practitioner may not, based on whether a child is immunized for a |
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particular infectious or communicable disease: |
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(1) deny or refuse to provide to the child a health |
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care treatment, procedure, or service; or |
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(2) otherwise discriminate against a child or the |
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child's parent, legal guardian, or managing conservator in |
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providing to the child a health care treatment, procedure, or |
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service. |
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(c) Notwithstanding any other law, a health care facility |
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may not adopt or enforce a policy under which a child is denied or |
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refused a health care treatment, procedure, or service based on |
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whether the child is immunized for a particular infectious or |
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communicable disease. |
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(d) The prohibitions under Subsections (b) and (c) do not |
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apply to a denial or refusal to provide to a child a health care |
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treatment, procedure, or service based on whether the child is |
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immunized for a particular infectious or communicable disease that |
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is the subject of an ongoing public health disaster or public health |
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emergency. |
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(e) This section does not prohibit a health care |
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practitioner from recommending vaccination or immunization for a |
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particular infectious or communicable disease for a child. |
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(f) A health care facility shall post in a prominent and |
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conspicuous location at the facility a sign informing patients of a |
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child's right to receive nondiscriminatory health care treatments, |
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procedures, and services regardless of whether the child is |
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immunized for a particular infectious or communicable disease. |
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(g) The parent, legal guardian, or managing conservator of a |
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child may file a complaint with: |
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(1) the appropriate state regulatory agency, |
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including the Texas Medical Board or Texas Board of Nursing, |
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against a health care practitioner for an alleged violation of |
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Subsection (b); and |
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(2) the commission against a health care facility for |
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an alleged violation of Subsection (c). |
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(h) If after investigating a complaint received under |
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Subsection (g) the appropriate state regulatory agency determines a |
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health care practitioner has violated Subsection (b), the agency |
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shall: |
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(1) for the first violation, issue a warning to the |
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practitioner and require the practitioner to complete the training |
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program described by Subsection (l); |
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(2) for the second violation, impose an administrative |
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penalty of not more than $5,000; and |
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(3) for the third and each subsequent violation: |
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(A) impose an administrative penalty of not more |
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than $15,000; |
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(B) temporarily suspend the practitioner's |
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license to perform or provide health care services in this state; or |
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(C) if a pattern of violation exists, revoke the |
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practitioner's license to perform or provide health care services |
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in this state. |
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(i) If after investigating a complaint received under |
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Subsection (g) the commission determines a health care facility |
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violated Subsection (c), the commission shall: |
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(1) for the first violation, issue a warning to the |
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facility; |
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(2) for the second violation, impose an administrative |
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penalty of not more than $20,000; and |
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(3) for the third and each subsequent violation: |
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(A) impose an administrative penalty of not more |
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than $50,000; |
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(B) temporarily suspend the facility's license |
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to operate in this state; or |
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(C) if a pattern of violation exists, revoke the |
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facility's license to operate in this state. |
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(j) A child's parent, legal guardian, or managing |
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conservator may bring a civil action against a health care |
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practitioner or health care facility for an alleged violation of |
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Subsection (b) or (c), as applicable. |
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(k) A claimant that brings a civil action under Subsection |
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(j) may recover: |
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(1) compensatory damages; |
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(2) injunctive relief; |
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(3) reasonable attorney's fees; and |
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(4) court costs. |
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(l) The Texas Medical Board, the Texas Board of Nursing, and |
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other appropriate state regulatory agencies in collaboration with |
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the commission shall develop and implement a training program for |
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health care practitioners on the provision of health care |
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treatments, procedures, and services to a child in a manner that |
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complies with the prohibition under Subsection (b). |
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SECTION 2. Chapter 544, Insurance Code, is amended by |
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adding Subchapter O to read as follows: |
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SUBCHAPTER O. IMMUNIZATION STATUS |
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Sec. 544.701. DEFINITIONS. In this subchapter: |
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(1) "Health benefit plan issuer" means an insurer, |
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health maintenance organization, or other entity authorized to |
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provide health benefits coverage under the laws of this state. |
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(2) "Participating provider" means a health care |
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provider who has contracted with a health benefit plan issuer to |
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provide services to enrollees. |
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Sec. 544.702. PROHIBITED DISCRIMINATION AGAINST CHILD. A |
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health benefit plan issuer may not reject, deny, limit the amount |
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of, cancel, or otherwise adversely affect the coverage available to |
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a child under a plan the issuer offers based on whether the child is |
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immunized for a particular infectious or communicable disease. |
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Sec. 544.703. PROHIBITED DISCRIMINATION AGAINST |
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PARTICIPATING PROVIDER. A health benefit plan issuer may not deny a |
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participating provider's claim for reimbursement for a health care |
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treatment, procedure, or service provided to a patient who is a |
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child based on whether the child has been immunized for a particular |
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infectious or communicable disease. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Texas Medical Board, the Texas Board of Nursing, |
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the Health and Human Services Commission, and other appropriate |
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state regulatory agencies shall develop and implement the training |
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program required by Section 161.0103(l), Health and Safety Code, as |
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added by this Act. |
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SECTION 4. Subchapter O, Chapter 544, Insurance Code, as |
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added by this Act, applies only to a health benefit plan or |
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insurance policy delivered, issued for delivery, or renewed on or |
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after January 1, 2026. |
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SECTION 5. This Act takes effect September 1, 2025. |