Texas 2025 - 89th Regular

Texas Senate Bill SB1236

Filed
2/12/25  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

If enacted, SB1236 will amend state laws governing pharmacy operations in Texas, directly addressing issues related to network participation, compensation, and audit processes. The bill enhances protections for pharmacists against arbitrary claim denials and introduces limitations on financial penalties that can be imposed by PBMs. Such changes could lead to a more equitable environment for pharmacy operations across the state and may encourage more independent pharmacies to thrive by ensuring they are not overly burdened by unfounded cost recoupment practices.

Summary

Senate Bill 1236 aims to reform the relationship between pharmacists or pharmacies and health benefit plan issuers or pharmacy benefit managers (PBMs). This legislation introduces significant amendments to the Insurance Code, particularly focusing on the transparency and accessibility of pharmacy benefit networks. Notable provisions include the establishment of an online access portal for pharmacists, regulations on payment adjustments, and rules for recouping costs from pharmacies. By clarifying the obligations of health benefit plan issuers and PBMs, the bill seeks to improve the operational stability of pharmacies and ensure fair compensation practices.

Sentiment

The general sentiment around SB1236 has been largely supportive among pharmacy professionals and some legislative members who argue that the bill is necessary for safeguarding the interests of independent pharmacies. Many advocates perceive it as a step forward in leveling the playing field against large pharmacy benefit managers that exert significant control over reimbursement rates and contractual agreements. However, there are concerns raised by health insurance issuers about the potential implications of increased regulation on their operational efficiencies and cost structures.

Contention

Key points of contention in the discussions surrounding SB1236 include the balance of regulatory oversight versus operational flexibility for PBMs and health insurers. Industry representatives argue that while the intent to support pharmacies is commendable, stringent rules may inadvertently increase administrative burdens and costs for healthcare providers. Additionally, concerns about how the bill will affect patient access to medications and the overall cost of healthcare services have been voiced, emphasizing the need to maintain a flexible and responsive 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

Companion Bills

TX HB3317

Identical 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.

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.

TX SB528

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

TX HB1670

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

TX SB846

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

TX SB591

Relating to procedures for certain audits of pharmacists and pharmacies.

TX HB1358

Relating to procedures for certain audits of pharmacists and pharmacies.