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.