| 1 | 1 | | 81R4717 YDB-D |
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| 2 | 2 | | By: Kolkhorst H.B. No. 2381 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to disclosure of the prices charged to state agencies in |
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| 8 | 8 | | connection with pharmacy benefit manager services. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 2158, Government Code, is amended by |
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| 11 | 11 | | adding Subchapter H to read as follows: |
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| 12 | 12 | | SUBCHAPTER H. PURCHASE OF PHARMACY BENEFIT MANAGER SERVICES |
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| 13 | 13 | | Sec. 2158.401. DEFINITION; APPLICABILITY. (a) In this |
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| 14 | 14 | | subchapter, "state agency" means a board, commission, department, |
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| 15 | 15 | | office, or other agency in the executive, legislative, or judicial |
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| 16 | 16 | | branch of state government that is created by the constitution or a |
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| 17 | 17 | | statute of this state, including an institution of higher education |
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| 18 | 18 | | as defined by Section 61.003, Education Code. |
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| 19 | 19 | | (b) This subchapter applies in relation to a state agency |
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| 20 | 20 | | contract or proposed contract for pharmacy benefit manager services |
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| 21 | 21 | | without regard to whether the contract or proposed contract is |
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| 22 | 22 | | otherwise subject to this subtitle. |
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| 23 | 23 | | Sec. 2158.402. REQUIRED DISCLOSURE. (a) A state agency on |
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| 24 | 24 | | request of another state agency shall disclose information relating |
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| 25 | 25 | | to the amounts charged by a pharmacy benefit manager for pharmacy |
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| 26 | 26 | | benefit manager services provided under a prescription drug program |
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| 27 | 27 | | and other requested pricing information related to a contract for |
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| 28 | 28 | | pharmacy benefit manager services. A state agency shall provide |
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| 29 | 29 | | information requested under this section not later than the 30th |
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| 30 | 30 | | day after the date the information is requested. |
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| 31 | 31 | | (b) Subsection (a) does not require a state agency to |
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| 32 | 32 | | disclose information the agency is specifically prohibited from |
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| 33 | 33 | | disclosing under a contract with a pharmacy benefit manager |
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| 34 | 34 | | executed before September 1, 2009. |
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| 35 | 35 | | (c) A contract entered, amended, or extended on or after |
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| 36 | 36 | | September 1, 2009, may not contain a provision that prohibits a |
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| 37 | 37 | | state agency from disclosing under this subchapter information on |
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| 38 | 38 | | the amounts charged by a pharmacy benefit manager for pharmacy |
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| 39 | 39 | | benefit manager services provided under a prescription drug program |
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| 40 | 40 | | or from disclosing under this subchapter other pricing information |
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| 41 | 41 | | related to the contract. |
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| 42 | 42 | | Sec. 2158.403. CONFIDENTIALITY. The information received |
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| 43 | 43 | | by a state agency under Section 2158.402 is confidential and may not |
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| 44 | 44 | | be disclosed to a person outside of the state agency and its agents. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2009. |
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