Texas 2023 - 88th Regular

Texas House Bill HB2021

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

Caption

Relating to applicability of certain insurance laws to pharmacy benefit managers.

Impact

The implications of HB 2021 are profound, particularly for the relationship between pharmacists, insurance companies, and PBMs. By making certain provisions of insurance law applicable, it seeks to standardize the operations of PBMs and potentially increase the accountability of these entities, which have been criticized for their role in the rising costs of healthcare. However, the bill also stipulates that certain exclusions can apply, which may maintain a level of flexibility for PBMs but could lead to inconsistencies in how health plans are managed.

Summary

House Bill 2021 aims to amend the applicability of certain insurance laws to pharmacy benefit managers (PBMs) in Texas. This legislation modifies the current legal framework governing PBMs, specifically allowing them to adhere to the regulations set forth in Chapter 1369 only in relation to health benefit plans they manage, unless explicitly excluded. This change is significant as it impacts how PBMs operate within the broader ecosystem of health benefits and insurance, particularly as it relates to compliance with state laws.

Sentiment

The sentiment surrounding HB 2021 reflects a division among stakeholders. Supporters, such as representatives from pharmacy associations, argue that the bill provides necessary protections for local pharmacies and ensures that health benefits are administered fairly. They contend that the current structure often favors large PBMs and can undermine the ability of community pharmacies to compete. Conversely, opposition arises from groups concerned that the bill may not sufficiently address issues of transparency and access, indicating a call for more comprehensive reforms.

Contention

A notable point of contention is the debate over whether the bill sufficiently regulates the practices of PBMs, especially given their increasing market power and influence over healthcare pricing. Opponents argue that without stringent controls, the bill may inadvertently favor the status quo, potentially allowing for continued negative impacts on patients and smaller pharmacies. The ongoing discussions underscore a larger issue about the balance of power among healthcare providers, insurers, and patients, highlighting the complexity of reform efforts in this area.

Texas Constitutional Statutes Affected

Insurance Code

  • Chapter 4151. Third-party Administrators
    • Section: New Section
  • Chapter 1369. Benefits Related To Prescription Drugs And Devices And Related Services
    • Section: 004

Companion Bills

TX SB1137

Identical Relating to applicability of certain insurance laws to pharmacy benefit managers.

Similar Bills

No similar bills found.