Texas 2009 - 81st Regular

Texas Senate Bill SB1536

Filed
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to preferred drug lists adopted by the Health and Human Services Commission and associated requirements regarding supplemental rebates, prior authorization, and public notification.

Impact

Under the provisions of SB1536, the establishment and management of preferred drug lists will be influenced by supplemental rebate agreements. Only those drugs that have an agreement with the commission can be included on these lists, unless certain cost-effectiveness criteria are met. This shift may enhance the commission’s bargaining power and streamline the drug selection process, potentially leading to lower costs for the Medicaid program. However, concerns have been raised about ensuring access to a comprehensive list of medications for patients including those on generics without supplemental rebates.

Summary

Senate Bill 1536 proposes significant changes to the management of preferred drug lists by the Health and Human Services Commission in Texas. The bill's primary focus is on confidentiality regarding financial information associated with prescription drug negotiations and rebate agreements. It stipulates that certain financial negotiations related to drug pricing, such as manufacturer rebates, will be kept confidential, limiting public access to sensitive information that could influence market dynamics and negotiations between the state and pharmaceutical companies.

Contention

The bill has sparked some controversy, particularly concerning the balance between protecting confidential financial negotiations and ensuring transparency in the decision-making processes associated with drug placement on preferred lists. Critics argue that maintaining such confidentiality may hinder accountability, as the public would lack insight into how drug selection is influenced by financial arrangements. Proponents, however, contend that this confidentiality is necessary to secure favorable terms without revealing leverage points to pharmaceutical manufacturers.

Additional_aspects

Moreover, SB1536 reinforces the process for requesting reconsideration of drug placements and expands the methods by which prior authorization claims may be submitted. This development is intended to alleviate potential administrative burdens for healthcare providers, which could improve patient access to necessary medications while still complying with the broader framework established in the bill. Overall, the bill reflects an ongoing effort to streamline pharmaceutical management within the Texas Medicaid system while balancing cost-effectiveness with necessary confidentiality.

Companion Bills

TX HB3719

Similar Relating to preferred drug lists adopted by the Health and Human Services Commission and associated requirements regarding supplemental rebates, prior authorization, and public notification.

Previously Filed As

TX HB4611

Relating to the nonsubstantive revision of the health and human services laws governing the Health and Human Services Commission, Medicaid, and other social services.

TX HB1293

Relating to the reimbursement of prescription drugs under Medicaid and the child health plan program.

TX HB2529

Relating to written notification provided by drug manufacturers regarding the cause of generic insulin prescription drug unavailability.

TX SB241

Relating to written notification provided by drug manufacturers regarding the cause of generic or biosimilar insulin prescription drug unavailability.

TX SB24

Relating to the powers and duties of the Health and Human Services Commission and the transfer to the commission of certain powers and duties from the Department of Family and Protective Services.

TX HB4049

Relating to the powers and duties of the Health and Human Services Commission and the transfer to the commission of certain powers and duties from the Department of Family and Protective Services.

TX HB3265

Relating to the submission of certain reports by the Health and Human Services Commission.

TX HB3462

Relating to the consolidation of ombudsman programs administered by the Health and Human Services Commission.

TX HB3359

Relating to network adequacy standards and other requirements for preferred provider benefit plans.

TX HB3286

Relating to prescription drug benefits under Medicaid and the child health plan program.

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