Texas 2025 - 89th Regular

Texas Senate Bill SB1236

Filed
2/12/25  
Out of Senate Committee
4/14/25  
Voted on by Senate
4/24/25  
Out of House Committee
5/7/25  
Bill Becomes Law
 

Caption

Relating to the relationship between pharmacists or pharmacies and health benefit plan issuers or pharmacy benefit managers.

Impact

The bill's provisions are expected to affect stakeholders in the pharmaceutical industry by providing clearer guidelines on what might constitute acceptable practices for both pharmacy benefit managers and pharmacists. Specifically, it aims to prevent PBMs from making adverse changes without proper notification and agreement from affected pharmacies, thus addressing concerns around reimbursement fairness and operational transparency. By shifting aspects of contract negotiations into more structured oversight, the legislation attempts to promote fairer business dealings within Texas' healthcare system.

Summary

SB1236 establishes new regulations governing relationships between pharmacists, pharmacies, and pharmacy benefit managers (PBMs) in Texas. It aims to enhance transparency in pharmacy benefit contracts, ensuring that all financial terms, including payment rates, are clearly laid out and accessible to pharmacists. Additionally, the bill prohibits certain practices by PBMs that could unfairly disadvantage pharmacies, such as conditioning participation in a pharmacy network on involvement in other networks or imposing fees prior to contract disclosure. This legislative effort seeks to level the playing field for pharmacists and better protect them from unilateral changes in contract terms.

Sentiment

The overall sentiment surrounding SB1236 appears to be supportive, especially among pharmacy advocates and legislators who argue that the legislation will improve conditions for local pharmacies. There is an acknowledgment that while pharmacies play a critical role in healthcare delivery, they often face significant pressures from PBMs. Advocates contend that this bill will enhance their ability to serve patients without the burden of onerous contractual obligations or unpredictable payment adjustments. However, there are concerns voiced by PBMs about potential operational disruptions and adjustments required to comply with the new regulations.

Contention

Notable points of contention revolve around the balance of power between pharmacists and pharmacy benefit managers. While supporters of SB1236 see the legislation as essential for ensuring fair practices and equitable reimbursement processes, opponents warn about the possible unintended consequences of increased regulation. The discussions have been polarized, focusing on the legislative push to protect pharmacies against what are perceived as exploitative practices by PBMs, juxtaposed with PBMs' claims that tighter regulations could inhibit their ability to manage costs effectively in the healthcare marketplace.

Texas Constitutional Statutes Affected

Insurance Code

  • Chapter 1369. Benefits Related To Prescription Drugs And Devices And Related Services
    • Section: 153
    • Section: 252
    • Section: 259
    • Section: New Section
    • Section: 153
    • Section: 259
    • Section: 605
    • Section: New Section
    • Section: 153
    • Section: 259
    • Section: New Section
    • Section: 605
    • Section: 153
    • Section: 259
    • Section: 605
    • Section: New Section
    • Section: 153
    • Section: 259
    • Section: 605
    • Section: 153
    • Section: 259
    • Section: 605
    • Section: New Section
    • Section: 153
    • Section: 259
    • Section: New Section

Companion Bills

TX HB3317

Same As Relating to the relationship between pharmacists or pharmacies and health benefit plan issuers or pharmacy benefit managers.

Similar Bills

TX HB3317

Relating to the relationship between pharmacists or pharmacies and health benefit plan issuers or pharmacy benefit managers.

CT SB01102

An Act Concerning Pharmacies And Pharmacists.

MT HB740

Revise laws relating to pharmacies, pharmacy benefit managers, and other entities

AR HB1620

To Amend The Law Concerning Pharmacy Benefits Managers; And To Regulate Processing And Payment Of Pharmacy Claims.

TX HB2817

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

TX HB1763

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