Bill Text: TX HB3026 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the administration of a prescription drug manufacturer or third-party prescription assistance program.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2023-05-10 - Referred to Health & Human Services [HB3026 Detail]
Download: Texas-2023-HB3026-Introduced.html
Bill Title: Relating to the administration of a prescription drug manufacturer or third-party prescription assistance program.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2023-05-10 - Referred to Health & Human Services [HB3026 Detail]
Download: Texas-2023-HB3026-Introduced.html
88R9882 LRM-F | ||
By: Oliverson | H.B. No. 3026 |
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relating to the administration of a prescription drug manufacturer | ||
or third-party prescription assistance program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 65.002(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The purpose of this chapter is to authorize the | ||
commission to establish a program to provide uninsured individuals | ||
access to prescription drug benefits using money from the fund to | ||
pay an amount equal to the value of a prescription drug rebate at | ||
the point of sale and returning that rebate amount to the fund to | ||
ensure the amounts credited to the fund equal the amounts paid from | ||
the fund. | ||
SECTION 2. Section 65.051(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The commission may [ |
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prescription drug savings program that partners with a pharmacy | ||
benefit manager to offer prescription drugs at a discounted rate to | ||
uninsured individuals. | ||
SECTION 3. Section 65.204, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 65.204. ANNUAL PROGRAM REPORTS. Not later than | ||
December 1 of each year following the first year in which the | ||
program is established, the commission shall provide a written | ||
report to the governor, lieutenant governor, speaker of the house | ||
of representatives, and standing committees of the legislature with | ||
primary jurisdiction over the program. The report must include: | ||
(1) a line-item list of all program administrative | ||
costs incurred by the commission; | ||
(2) the amount of the pharmacy benefit manager and | ||
third-party administrator fees; | ||
(3) the aggregate amounts of rebates anticipated and | ||
received for the program; and | ||
(4) other program expenditures as the commission | ||
determines appropriate. | ||
SECTION 4. Subtitle C, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 66 to read as follows: | ||
CHAPTER 66. PRESCRIPTION DRUG ASSISTANCE PROGRAM | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 66.001. DEFINITIONS. In this chapter: | ||
(1) "Prescription drug" has the meaning assigned by | ||
Section 551.003, Occupations Code. | ||
(2) "Program" means the prescription drug assistance | ||
program established under this chapter. | ||
Sec. 66.002. CONSTRUCTION OF CHAPTER; PURPOSE. (a) This | ||
chapter does not establish an entitlement to assistance in | ||
obtaining benefits for certain individuals. | ||
(b) The purpose of this chapter is to authorize the | ||
commission to establish a program to provide certain individuals | ||
access to prescription drug benefits using a prescription drug | ||
manufacturer or third-party prescription assistance programs. | ||
(c) This chapter does not expand the Medicaid program. | ||
Sec. 66.003. RULES. The executive commissioner may adopt | ||
the rules necessary to implement this chapter. | ||
SUBCHAPTER B. ESTABLISHMENT AND ADMINISTRATION OF PRESCRIPTION | ||
DRUG ASSISTANCE PROGRAM | ||
Sec. 66.051. ESTABLISHMENT OF PROGRAM. (a) The commission | ||
shall develop and design a prescription drug assistance program to | ||
increase access to prescription drugs for certain individuals | ||
through a prescription drug manufacturer or other third-party | ||
patient assistance program. | ||
(b) In developing and implementing the program, the | ||
commission shall ensure the program benefits exclude prescription | ||
drugs used for the elective termination of a pregnancy. | ||
(c) The commission shall ensure the program is designed to | ||
provide the greatest value to program enrollees by considering: | ||
(1) the adequacy of prescription drugs available | ||
through the program; | ||
(2) the net costs of the drugs to enrollees; | ||
(3) the cost to this state; and | ||
(4) other important factors as determined by the | ||
commission. | ||
Sec. 66.052. GENERAL POWERS AND DUTIES OF COMMISSION. (a) | ||
The commission shall oversee the implementation of the program and | ||
develop procedures for accepting applications for program | ||
enrollment. | ||
(b) The commission shall list in a central location on the | ||
commission's Internet website information that directs a patient to | ||
the appropriate assistance available under the program. | ||
(c) To the extent feasible, the commission shall integrate a | ||
prescription drug manufacturer or third-party patient assistance | ||
program into the prescription drug assistance program. A | ||
prescription drug manufacturer or other third party may decline to | ||
link the prescription drug manufacturer's or third party's patient | ||
assistance program to the prescription drug assistance program. | ||
Sec. 66.053. CONTRACT AND GRANT AUTHORITY. (a) The | ||
commission may contract with a third-party administrator or other | ||
entity to perform any or all of the commission's program duties | ||
under this chapter. | ||
(b) A third-party administrator or other entity under a | ||
contract entered into under Subsection (a) may perform the actions | ||
the commission would otherwise perform to implement the program. | ||
(c) The commission may award grants to or enter into other | ||
arrangements with a governmental entity or nonprofit organization | ||
to implement this chapter. | ||
Sec. 66.054. COMMUNITY OUTREACH AND EDUCATION CAMPAIGN. The | ||
commission shall conduct a community outreach and education | ||
campaign to provide information on the program's availability to | ||
eligible individuals. | ||
SUBCHAPTER C. FUNDING; PROGRAM SUSPENSION | ||
Sec. 66.101. FUNDING. (a) The commission may accept and | ||
use money to implement this chapter, including: | ||
(1) gifts, grants, and donations; | ||
(2) legislative appropriations; and | ||
(3) federal money available under law. | ||
(b) Money accepted under Subsection (a) may be used only to | ||
administer the prescription drug assistance program and provide | ||
program services. | ||
Sec. 66.102. SUFFICIENT FUNDING REQUIRED. Notwithstanding | ||
any other provision of this chapter, the commission is not required | ||
to implement the program unless appropriated money is made | ||
available for the program. | ||
SUBCHAPTER D. PROGRAM ELIGIBILITY AND ENROLLEE REQUIREMENTS | ||
Sec. 66.151. ELIGIBILITY CRITERIA. (a) Except as provided | ||
by Subsection (b), an individual is eligible for benefits under the | ||
program if the individual meets eligibility criteria as determined | ||
by a prescription drug manufacturer or other third party's | ||
prescription assistance program. | ||
(b) The commission may identify additional factors the | ||
program must consider for program eligibility. | ||
SUBCHAPTER E. OPERATION OF PROGRAM | ||
Sec. 66.201. PROGRAM BENEFITS. The commission must approve | ||
program benefits offered under this chapter. The commission shall | ||
ensure the benefits comply with all applicable federal and state | ||
laws and rules. | ||
Sec. 66.202. REPORT. (a) A third-party administrator or | ||
other entity the commission contracts with under Section 66.053 | ||
shall report to the commission in the form and manner prescribed by | ||
the commission on the benefits and services provided under the | ||
program. | ||
(b) The commission shall establish a procedure to monitor | ||
the provision of benefits and services under this chapter. | ||
Sec. 66.203. ANNUAL PROGRAM REPORT. Not later than | ||
December 1 of each year, the commission shall provide a written | ||
report to the governor, lieutenant governor, speaker of the house | ||
of representatives, and standing committees of the legislature with | ||
primary jurisdiction over the program. The report must include: | ||
(1) a line-item list of all program administrative | ||
costs incurred by the commission, including costs incurred by a | ||
third-party administrator or other entity; | ||
(2) the aggregate amount of prescription drug cost | ||
savings accrued under the program; and | ||
(3) other program expenditures as the commission | ||
determines appropriate. | ||
SECTION 5. Section 65.102, Health and Safety Code, is | ||
repealed. | ||
SECTION 6. The Health and Human Services Commission is | ||
required to implement a provision of this Act only if the | ||
legislature appropriates money specifically for that purpose. If | ||
the legislature does not appropriate money specifically for that | ||
purpose, the Health and Human Services Commission may, but is not | ||
required to, implement a provision of this Act using other | ||
appropriations available for that purpose. | ||
SECTION 7. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission and any other state agency designated by the | ||
executive commissioner shall adopt rules necessary to implement | ||
Chapter 65, Health and Safety Code, as amended by this Act, and | ||
Chapter 66, Health and Safety Code, as added by this Act. | ||
SECTION 8. This Act takes effect September 1, 2023. |