HB 638 / SB 1389

This bill seeks to protect patients’ rights by ensuring that individuals enrolled in TennCare or CoverKids health benefit plans cannot be denied healthcare services solely based on their refusal or failure to receive a vaccine. The bill establishes that healthcare providers participating in these state-funded medical assistance programs, including those contracted through managed care organizations, must not discriminate against patients who choose not to be vaccinated.

To enforce compliance, the bill stipulates that TennCare will withhold reimbursements from individual providers who violate this provision until they come into compliance. However, it ensures that penalties apply only to the specific provider responsible for the violation and not to an entire provider group or medical organization. The bill does carve out exceptions for specialists in oncology and organ transplant services, allowing them to set their own policies regarding vaccinations.

Additionally, the director of TennCare is tasked with adopting rules to implement the law, including establishing an administrative and judicial review process for providers accused of violations. The bill also grants the director the authority to seek any necessary federal waivers to facilitate its implementation. If enacted, this legislation would take effect on July 1, 2025, reinforcing the principle that medical treatment should not be conditioned on vaccination status within state-funded healthcare programs.