1 | 1 | | H.B. No. 1966 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to an e-prescribing implementation plan under the Medicaid |
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6 | 6 | | and child health plan programs. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. VENDOR DRUG PROGRAM; E-PRESCRIBING. (a) In this |
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9 | 9 | | section: |
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10 | 10 | | (1) "Child health plan program" means the child health |
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11 | 11 | | plan program under Chapter 62, Health and Safety Code. |
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12 | 12 | | (2) "Electronic media" has the meaning assigned by 45 |
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13 | 13 | | C.F.R. Section 160.103. |
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14 | 14 | | (3) "E-prescribing" means the transmission using |
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15 | 15 | | electronic media of prescription or prescription-related |
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16 | 16 | | information between a practitioner, pharmacist, pharmacy benefit |
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17 | 17 | | manager, or health plan, either directly or through an |
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18 | 18 | | intermediary, including through a network. The term includes |
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19 | 19 | | two-way transmissions between the point of care and the pharmacist. |
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20 | 20 | | (4) "Medicaid program" means the medical assistance |
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21 | 21 | | program under Chapter 32, Human Resources Code. |
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22 | 22 | | (5) "Pharmacist," "pharmacy," and "practitioner" have |
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23 | 23 | | the meanings assigned by Section 551.003, Occupations Code. |
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24 | 24 | | (6) "Prescription-related information" means |
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25 | 25 | | information regarding eligibility for drug benefits, medication |
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26 | 26 | | history, or related health or drug information for an individual |
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27 | 27 | | who is receiving benefits under the Medicaid program or the child |
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28 | 28 | | health plan program. |
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29 | 29 | | (b) The Health and Human Services Commission shall develop |
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30 | 30 | | an e-prescribing implementation plan under the vendor drug program |
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31 | 31 | | for the Medicaid and child health plan programs designed to improve |
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32 | 32 | | patient safety and standardize electronic prescribing systems used |
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33 | 33 | | in the program. The plan must establish: |
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34 | 34 | | (1) e-prescribing standards with which pharmacists, |
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35 | 35 | | practitioners, pharmacy benefit managers, and health plans that |
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36 | 36 | | transmit, directly or through an intermediary, prescriptions for |
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37 | 37 | | Medicaid program recipients and child health plan program enrollees |
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38 | 38 | | and prescription-related information using electronic media must |
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39 | 39 | | comply; and |
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40 | 40 | | (2) time frames within which pharmacists, |
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41 | 41 | | practitioners, pharmacy benefit managers, and health plans must |
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42 | 42 | | comply with the standards established under Subdivision (1) of this |
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43 | 43 | | subsection. |
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44 | 44 | | (c) Not later than December 1, 2009, the Health and Human |
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45 | 45 | | Services Commission shall submit an initial report to the governor |
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46 | 46 | | and the Legislative Budget Board detailing the e-prescribing |
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47 | 47 | | implementation plan developed under this section. The report must |
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48 | 48 | | include the projected expenditures and cost savings anticipated for |
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49 | 49 | | the plan during the state fiscal year. |
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50 | 50 | | (d) Not later than December 1, 2010, the Health and Human |
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51 | 51 | | Services Commission shall submit a final report to the governor and |
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52 | 52 | | the Legislative Budget Board regarding the e-prescribing |
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53 | 53 | | implementation plan developed under this section. The report must |
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54 | 54 | | include expenditures associated with and cost savings realized from |
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55 | 55 | | the plan. |
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56 | 56 | | SECTION 2. EFFECTIVE DATE. This Act takes effect |
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57 | 57 | | immediately if it receives a vote of two-thirds of all the members |
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58 | 58 | | elected to each house, as provided by Section 39, Article III, Texas |
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59 | 59 | | Constitution. If this Act does not receive the vote necessary for |
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60 | 60 | | immediate effect, this Act takes effect September 1, 2009. |
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61 | 61 | | ______________________________ ______________________________ |
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62 | 62 | | President of the Senate Speaker of the House |
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63 | 63 | | I certify that H.B. No. 1966 was passed by the House on May 7, |
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64 | 64 | | 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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65 | 65 | | voting. |
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66 | 66 | | ______________________________ |
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67 | 67 | | Chief Clerk of the House |
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68 | 68 | | I certify that H.B. No. 1966 was passed by the Senate on May |
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69 | 69 | | 21, 2009, by the following vote: Yeas 31, Nays 0. |
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70 | 70 | | ______________________________ |
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71 | 71 | | Secretary of the Senate |
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72 | 72 | | APPROVED: _____________________ |
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73 | 73 | | Date |
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74 | 74 | | _____________________ |
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75 | 75 | | Governor |
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