H.B. No. 1966
AN ACT
relating to an e-prescribing implementation plan under the Medicaid
and child health plan programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. VENDOR DRUG PROGRAM; E-PRESCRIBING. (a) In this
section:
(1) "Child health plan program" means the child health
plan program under Chapter 62, Health and Safety Code.
(2) "Electronic media" has the meaning assigned by 45
C.F.R. Section 160.103.
(3) "E-prescribing" means the transmission using
electronic media of prescription or prescription-related
information between a practitioner, pharmacist, pharmacy benefit
manager, or health plan, either directly or through an
intermediary, including through a network. The term includes
two-way transmissions between the point of care and the pharmacist.
(4) "Medicaid program" means the medical assistance
program under Chapter 32, Human Resources Code.
(5) "Pharmacist," "pharmacy," and "practitioner" have
the meanings assigned by Section 551.003, Occupations Code.
(6) "Prescription-related information" means
information regarding eligibility for drug benefits, medication
history, or related health or drug information for an individual
who is receiving benefits under the Medicaid program or the child
health plan program.
(b) The Health and Human Services Commission shall develop
an e-prescribing implementation plan under the vendor drug program
for the Medicaid and child health plan programs designed to improve
patient safety and standardize electronic prescribing systems used
in the program. The plan must establish:
(1) e-prescribing standards with which pharmacists,
practitioners, pharmacy benefit managers, and health plans that
transmit, directly or through an intermediary, prescriptions for
Medicaid program recipients and child health plan program enrollees
and prescription-related information using electronic media must
comply; and
(2) time frames within which pharmacists,
practitioners, pharmacy benefit managers, and health plans must
comply with the standards established under Subdivision (1) of this
subsection.
(c) Not later than December 1, 2009, the Health and Human
Services Commission shall submit an initial report to the governor
and the Legislative Budget Board detailing the e-prescribing
implementation plan developed under this section. The report must
include the projected expenditures and cost savings anticipated for
the plan during the state fiscal year.
(d) Not later than December 1, 2010, the Health and Human
Services Commission shall submit a final report to the governor and
the Legislative Budget Board regarding the e-prescribing
implementation plan developed under this section. The report must
include expenditures associated with and cost savings realized from
the plan.
SECTION 2. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1966 was passed by the House on May 7,
2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1966 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor