81R4717 YDB-D
By: Kolkhorst H.B. No. 2381
A BILL TO BE ENTITLED
AN ACT
relating to disclosure of the prices charged to state agencies in
connection with pharmacy benefit manager services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2158, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. PURCHASE OF PHARMACY BENEFIT MANAGER SERVICES
Sec. 2158.401. DEFINITION; APPLICABILITY. (a) In this
subchapter, "state agency" means a board, commission, department,
office, or other agency in the executive, legislative, or judicial
branch of state government that is created by the constitution or a
statute of this state, including an institution of higher education
as defined by Section 61.003, Education Code.
(b) This subchapter applies in relation to a state agency
contract or proposed contract for pharmacy benefit manager services
without regard to whether the contract or proposed contract is
otherwise subject to this subtitle.
Sec. 2158.402. REQUIRED DISCLOSURE. (a) A state agency on
request of another state agency shall disclose information relating
to the amounts charged by a pharmacy benefit manager for pharmacy
benefit manager services provided under a prescription drug program
and other requested pricing information related to a contract for
pharmacy benefit manager services. A state agency shall provide
information requested under this section not later than the 30th
day after the date the information is requested.
(b) Subsection (a) does not require a state agency to
disclose information the agency is specifically prohibited from
disclosing under a contract with a pharmacy benefit manager
executed before September 1, 2009.
(c) A contract entered, amended, or extended on or after
September 1, 2009, may not contain a provision that prohibits a
state agency from disclosing under this subchapter information on
the amounts charged by a pharmacy benefit manager for pharmacy
benefit manager services provided under a prescription drug program
or from disclosing under this subchapter other pricing information
related to the contract.
Sec. 2158.403. CONFIDENTIALITY. The information received
by a state agency under Section 2158.402 is confidential and may not
be disclosed to a person outside of the state agency and its agents.
SECTION 2. This Act takes effect September 1, 2009.