Schatzline Bill Bars Doctors From Turning Away Unvaccinated Kids

The text as introduced · 1,042 words

89R13627 MPF-D

By: Schatzline
H.B. No. 3957

A BILL TO BE ENTITLED

AN ACT

relating to prohibited discrimination based on a child's

immunization status; authorizing administrative penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 161, Health and Safety

Code, is amended by adding Section 161.0103 to read as follows:

Sec. 161.0103. PROHIBITED DISCRIMINATION OF CHILD BASED ON

IMMUNIZATION STATUS. (a) In this section:

(1) "Health care facility" means a facility licensed,

certified, or otherwise authorized to provide health care in the

ordinary course of business in this state.

(2) "Health care practitioner" means an individual

qualified or licensed to perform or provide health care services in

this state.

(3) "Public health disaster" and "public health

emergency" have the meanings assigned by Section 81.003.

(b) Notwithstanding any other law, a health care

practitioner may not, based on whether a child is immunized for a

particular infectious or communicable disease:

(1) deny or refuse to provide to the child a health

care treatment, procedure, or service; or

(2) otherwise discriminate against a child or the

child's parent, legal guardian, or managing conservator in

providing to the child a health care treatment, procedure, or

service.

(c) Notwithstanding any other law, a health care facility

may not adopt or enforce a policy under which a child is denied or

refused a health care treatment, procedure, or service based on

whether the child is immunized for a particular infectious or

communicable disease.

(d) The prohibitions under Subsections (b) and (c) do not

apply to a denial or refusal to provide to a child a health care

treatment, procedure, or service based on whether the child is

immunized for a particular infectious or communicable disease that

is the subject of an ongoing public health disaster or public health

emergency.

(e) This section does not prohibit a health care

practitioner from recommending vaccination or immunization for a

particular infectious or communicable disease for a child.

(f) A health care facility shall post in a prominent and

conspicuous location at the facility a sign informing patients of a

child's right to receive nondiscriminatory health care treatments,

procedures, and services regardless of whether the child is

immunized for a particular infectious or communicable disease.

(g) The parent, legal guardian, or managing conservator of a

child may file a complaint with:

(1) the appropriate state regulatory agency,

including the Texas Medical Board or Texas Board of Nursing,

against a health care practitioner for an alleged violation of

Subsection (b); and

(2) the commission against a health care facility for

an alleged violation of Subsection (c).

(h) If after investigating a complaint received under

Subsection (g) the appropriate state regulatory agency determines a

health care practitioner has violated Subsection (b), the agency

shall:

(1) for the first violation, issue a warning to the

practitioner and require the practitioner to complete the training

program described by Subsection (l);

(2) for the second violation, impose an administrative

penalty of not more than $5,000; and

(3) for the third and each subsequent violation:

(A) impose an administrative penalty of not more

than $15,000;

(B) temporarily suspend the practitioner's

license to perform or provide health care services in this state; or

(C) if a pattern of violation exists, revoke the

practitioner's license to perform or provide health care services

in this state.

(i) If after investigating a complaint received under

Subsection (g) the commission determines a health care facility

violated Subsection (c), the commission shall:

(1) for the first violation, issue a warning to the

facility;

(2) for the second violation, impose an administrative

penalty of not more than $20,000; and

(3) for the third and each subsequent violation:

(A) impose an administrative penalty of not more

than $50,000;

(B) temporarily suspend the facility's license

to operate in this state; or

(C) if a pattern of violation exists, revoke the

facility's license to operate in this state.

(j) A child's parent, legal guardian, or managing

conservator may bring a civil action against a health care

practitioner or health care facility for an alleged violation of

Subsection (b) or (c), as applicable.

(k) A claimant that brings a civil action under Subsection

(j) may recover:

(1) compensatory damages;

(2) injunctive relief;

(3) reasonable attorney's fees; and

(4) court costs.

(l) The Texas Medical Board, the Texas Board of Nursing, and

other appropriate state regulatory agencies in collaboration with

the commission shall develop and implement a training program for

health care practitioners on the provision of health care

treatments, procedures, and services to a child in a manner that

complies with the prohibition under Subsection (b).

SECTION 2. Chapter 544, Insurance Code, is amended by

adding Subchapter O to read as follows:

SUBCHAPTER O. IMMUNIZATION STATUS

Sec. 544.701. DEFINITIONS. In this subchapter:

(1) "Health benefit plan issuer" means an insurer,

health maintenance organization, or other entity authorized to

provide health benefits coverage under the laws of this state.

(2) "Participating provider" means a health care

provider who has contracted with a health benefit plan issuer to

provide services to enrollees.

Sec. 544.702. PROHIBITED DISCRIMINATION AGAINST CHILD. A

health benefit plan issuer may not reject, deny, limit the amount

of, cancel, or otherwise adversely affect the coverage available to

a child under a plan the issuer offers based on whether the child is

immunized for a particular infectious or communicable disease.

Sec. 544.703. PROHIBITED DISCRIMINATION AGAINST

PARTICIPATING PROVIDER. A health benefit plan issuer may not deny a

participating provider's claim for reimbursement for a health care

treatment, procedure, or service provided to a patient who is a

child based on whether the child has been immunized for a particular

infectious or communicable disease.

SECTION 3. As soon as practicable after the effective date

of this Act, the Texas Medical Board, the Texas Board of Nursing,

the Health and Human Services Commission, and other appropriate

state regulatory agencies shall develop and implement the training

program required by Section 161.0103(l), Health and Safety Code, as

added by this Act.

SECTION 4. Subchapter O, Chapter 544, Insurance Code, as

added by this Act, applies only to a health benefit plan or

insurance policy delivered, issued for delivery, or renewed on or

after January 1, 2026.

SECTION 5. This Act takes effect September 1, 2025.