Texas 2009 - 81st Regular

Texas House Bill HB3270 Compare Versions

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1	1	81R11072 KFF-F
2	2	By: Howard of Travis H.B. No. 3270
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the electronic transmission and certification of
8	8	prescriptions under the medical assistance program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. STUDY. (a) The executive commissioner of the
11	11	Health and Human Services Commission shall conduct a study of state
12	12	and federal laws relating to the electronic transmission of
13	13	prescriptions in the medical assistance program under Chapter 32,
14	14	Human Resources Code.
15	15	(b) Not later than March 31, 2010, the executive
16	16	commissioner of the Health and Human Services Commission shall
17	17	submit a report to the governor, lieutenant governor, and speaker
18	18	of the house of representatives regarding the results of the study
19	19	conducted under Subsection (a) of this section. The following must
20	20	be included in the report:
21	21	(1) an analysis of current state and federal laws
22	22	relating to the electronic transmission of prescriptions in the
23	23	medical assistance program under Chapter 32, Human Resources Code;
24	24	and
25	25	(2) a description of any necessary changes in that law
26	26	to enable or facilitate the electronic transmission of
27	27	prescriptions under the program, including the electronic
28	28	transmission of a dispensing directive requiring that the drug
29	29	dispensed be brand-name or allowing the drug dispensed to be a
30	30	generic equivalent.
31	31	SECTION 2. WAIVER. The executive commissioner of the
32	32	Health and Human Services Commission shall develop and seek a
33	33	waiver or other appropriate authorization from the Centers for
34	34	Medicare and Medicaid Services or the United States secretary of
35	35	health and human services, as appropriate, authorized by 42 C.F.R.
36	36	Section 447.512(c) to implement an electronic alternative for
37	37	certifying that a "brand necessary" or "brand medically necessary"
38	38	prescription drug is medically necessary for a particular recipient
39	39	of medical assistance under Chapter 32, Human Resources Code. The
40	40	executive commissioner shall consult with the Texas State Board of
41	41	Pharmacy in developing the waiver or other authorization under this
42	42	section.
43	43	SECTION 3. EFFECTIVE DATE. This Act takes effect
44	44	immediately if it receives a vote of two-thirds of all the members
45	45	elected to each house, as provided by Section 39, Article III, Texas
46	46	Constitution. If this Act does not receive the vote necessary for
47	47	immediate effect, this Act takes effect September 1, 2009.