TLRC position
Support
2026 · Health · Vaccines
Prohibits TennCare and CoverKids providers from denying care when enrollees refuse vaccines.
HB 0638 / SB 1389
Bill description
Ban TennCare and CoverKids providers from denying care solely because an enrollee refuses a vaccine, except oncology or transplant specialists.
AN ACT to amend Tennessee Code Annotated, Title 33; Title 56; Title 63; Title 68 and Title 71, relative to healthcare providers.
Bill sponsors
House co-sponsors · 3
Elaine Davis R, Michele Reneau R, Monty Fritts R
Senate co-sponsors · 11
Jack Johnson R, Paul Bailey R, Janice Bowling R, Joey Hensley R, Mark Pody R, Steve Southerland R, John Stevens R, Page Walley R, Ken Yager R, Jessie Seal R, Rusty Crowe R
TLRC statement
This bill introduces new protections for TennCare and CoverKids enrollees by ensuring that healthcare providers cannot refuse medical care solely because a patient chooses not to receive a vaccine or immunization. Under this legislation, any physician or provider participating in these state-administered health benefit plans must continue to offer their services regardless of an individual’s vaccination status. This marks a significant shift from prior practice, where providers could, at their discretion, decline to treat patients in public health programs based on their immunization choices.
The bill amends Tennessee law to clarify that healthcare providers who violate this non-discrimination requirement will not be eligible for TennCare reimbursement until they comply, while ensuring that entire medical groups are not penalized for the actions of a single provider within their organization. The director of TennCare is tasked with adopting rules to implement these changes, including procedures for providers to contest allegations of violations through administrative and judicial review. The director may also seek federal waivers as necessary to put these provisions into effect, reflecting a proactive approach to aligning state policy with federal requirements.
By establishing these protections, HB 0638/SB 1389 reinforces the principle that access to healthcare under state programs should not be contingent on a patient’s personal health decisions regarding vaccines. The law supports individual medical freedom and parental rights, values that resonate with many Tennesseans who believe in limited government interference and upholding personal responsibility.