Bill Text: TX HB40 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a cap on the monthly price of insulin and insulin supplies.
Sponsorship: Slight Partisan Bill (Democrat 65-40)
Status: (Introduced - Dead) 2021-04-06 - Left pending in committee [HB40 Detail]
Download: Texas-2021-HB40-Introduced.html
| By: Talarico | H.B. No. 40 | |
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| relating to a cap on the monthly price of insulin and insulin | ||
| supplies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 1358, Insurance Code, is amended by | ||
| adding Section 1358.058 to read as follows: | ||
| Sec. 1358.058. COST SHARING IN PRESCRIPTION INSULIN DRUGS - | ||
| LIMITS CONFIDENTIALITY OF REBATE INFORMATION - DEFINITION -RULES. | ||
| (1) As used in this section, unless the context other | ||
| requires, "prescription insulin drug" means a prescription drug, as | ||
| defined in section 1358.051, that contains insulin and is used to | ||
| treat diabetes. | ||
| (2) a carrier that provides coverage for prescription | ||
| insulin drugs pursuant to the terms of a health coverage plan the | ||
| carrier offers shall cap the total amount that a covered person is | ||
| required to pay for a covered prescription insulin drug at an amount | ||
| not to exceed one hundred dollars per thirty-day supply of insulin, | ||
| regardless of the amount or type of insulin needed to fill the | ||
| covered person's prescription. | ||
| (3) nothing in this section prevents a carrier from | ||
| reducing a covered person's cost sharing by an amount greater than | ||
| the amount specified in subsection (2) of this section. | ||
| (4) This section applies to health coverage plans | ||
| offered by the Employees Retirement System of Texas and the Teacher | ||
| Retirement System of Texas. | ||
| (5) the commissioner may use any of the commissioner's | ||
| enforcement powers to obtain a carrier's compliance with this | ||
| section. | ||
| (6) the commissioner may promulgate rules as necessary | ||
| to implement and administer this section and to align with federal | ||
| requirements. | ||
| SECTION 2. Chapter 1358, Insurance Code, is amended by | ||
| adding Section 1358.059 to read as follows: | ||
| Sec. 1358.059. INVESTIGATION AND REPORTING OF PRESCRIPTION | ||
| INSULIN DRUG PRICING. (a) The Department of Health and Human | ||
| Services shall investigate and report on the pricing of | ||
| prescription insulin drugs | ||
| (1) made available to Texas consumers to ensure | ||
| adequate consumer protections in pricing of prescription insulin | ||
| drugs and whether additional consumer protections are needed. | ||
| (2) (a) as part of the investigation by the | ||
| department, the department shall gather, compile, and analyze | ||
| information concerning the organization, business practices, | ||
| pricing information, data, reports, or other information that the | ||
| department finds necessary to fulfill the requirements of this | ||
| section from companies engaged in the manufacture or sale of | ||
| prescription insulin drugs. The department shall also consider any | ||
| publicly available information related to drug pricing. | ||
| (b) if necessary to fulfill the reporting | ||
| requirements of this section, the attorney general may issue a | ||
| civil investigative demand requiring a state department; carrier; | ||
| pharmacy benefit management firm; or manufacturer of prescription | ||
| insulin drugs that are made available in Texas, to furnish | ||
| material, answers, data, or other relevant information. | ||
| (3) a person or business shall not be compelled to | ||
| provide trade secrets. | ||
| (4) by September 1, 2022, the department shall issue | ||
| and make available to the public a report detailing its findings | ||
| from the investigation conducted pursuant to this section. The | ||
| department shall present the report to the Governor, the Lieutenant | ||
| Governor, the Speaker of the House, and the Senate Committee on | ||
| Business and Commerce and the House Committee on Insurance or their | ||
| successor committees. The report must include: | ||
| (a) a summary of insulin pricing practices and | ||
| variables that contribute to pricing of health coverage plans; | ||
| (b) public policy recommendations to control and | ||
| prevent overpricing of prescription insulin drugs made available to | ||
| Texas consumers; | ||
| (c) any recommendations to improve consumer | ||
| protections, to prevent deceptive sales practices related to the | ||
| sale of prescription insulin drugs, including the pricing of those | ||
| drugs; and | ||
| (d) any other information the department finds | ||
| necessary. | ||
| (5) this section is repealed, effective December 1, | ||
| 2022. | ||
| SECTION 3. This Act applies only to a health benefit plan | ||
| that is delivered, issued for delivery, or renewed on or after | ||
| January 1, 2022. A health benefit plan that is delivered, issued for | ||
| delivery, or renewed before January 1, 2022, is governed by the law | ||
| as it existed immediately before the effective date of this Act, and | ||
| that law is continued in effect for that purpose. | ||
| SECTION 7. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
