81R11072 KFF-F
By: Howard of Travis H.B. No. 3270
A BILL TO BE ENTITLED
AN ACT
relating to the electronic transmission and certification of
prescriptions under the medical assistance program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. STUDY. (a) The executive commissioner of the
Health and Human Services Commission shall conduct a study of state
and federal laws relating to the electronic transmission of
prescriptions in the medical assistance program under Chapter 32,
Human Resources Code.
(b) Not later than March 31, 2010, the executive
commissioner of the Health and Human Services Commission shall
submit a report to the governor, lieutenant governor, and speaker
of the house of representatives regarding the results of the study
conducted under Subsection (a) of this section. The following must
be included in the report:
(1) an analysis of current state and federal laws
relating to the electronic transmission of prescriptions in the
medical assistance program under Chapter 32, Human Resources Code;
and
(2) a description of any necessary changes in that law
to enable or facilitate the electronic transmission of
prescriptions under the program, including the electronic
transmission of a dispensing directive requiring that the drug
dispensed be brand-name or allowing the drug dispensed to be a
generic equivalent.
SECTION 2. WAIVER. The executive commissioner of the
Health and Human Services Commission shall develop and seek a
waiver or other appropriate authorization from the Centers for
Medicare and Medicaid Services or the United States secretary of
health and human services, as appropriate, authorized by 42 C.F.R.
Section 447.512(c) to implement an electronic alternative for
certifying that a "brand necessary" or "brand medically necessary"
prescription drug is medically necessary for a particular recipient
of medical assistance under Chapter 32, Human Resources Code. The
executive commissioner shall consult with the Texas State Board of
Pharmacy in developing the waiver or other authorization under this
section.
SECTION 3. 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.