Bill Amendment: TX HB1763 | 2021-2022 | 87th Legislature

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Relating to the contractual relationship between a pharmacist or pharmacy and a health benefit plan issuer or pharmacy benefit manager.

Status: 2021-05-26 - Effective on 9/1/21 [HB1763 Detail]

Download: Texas-2021-HB1763-Senate_Amendment_S_2_F1-Gutierrez.html

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Amend HB 1763 (senate committee report) as follows:

(1)  In SECTION 1 of the bill, between added Sections 1369.557 and 1369.558, Insurance Code (page 3, between lines 19 and 20), insert the following:

Sec. 1369.558.  GAG CLAUSES PROHIBITED. (a) A contract between a health benefit plan issuer or pharmacy benefit manager and a pharmacist or pharmacy may not prohibit or restrict the pharmacist or pharmacy from disclosing to a patient:

(1)  cost information for a prescription drug, including information regarding billed or allowed amounts, reimbursement rates, or out-of-pocket costs associated with the drug; or

(2)  an available alternative, including a more affordable or effective alternative, to a specific prescription drug.

(b)  A pharmacist or pharmacy may use information described by Subsection (a) to:

(1)  assist a patient and institutional purchaser in making informed decisions regarding their health care;

(2)  assist a patient in making informed choices among health care providers; and

(3)  allow comparisons between prices paid by health benefit plan issuers and pharmacy benefit managers to health care providers.

(2)  Renumber the sections of and redesignate the cross-references in added Subchapter L, Chapter 1369, Insurance Code, accordingly.