Texas 2009 - 81st Regular

Texas House Bill HB3719 Compare Versions

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1	1	81R27040 ALB-F
2	2	By: King of Taylor H.B. No. 3719
3	3	Substitute the following for H.B. No. 3719:
4	4	By: Laubenberg C.S.H.B. No. 3719
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to preferred drug lists adopted by the Health and Human
10	10	Services Commission and associated requirements regarding
11	11	supplemental rebates, prior authorization, and public
12	12	notification.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 531.071, Government Code, is amended by
15	15	amending Subsection (c) and adding Subsection (d) to read as
16	16	follows:
17	17	(c) General information about the aggregate costs of
18	18	different classes of drugs is not confidential under Subsection
19	19	(a), except that a drug name or information that could reveal a drug
20	20	name is confidential.
21	21	(d) Information about whether the commission and a
22	22	manufacturer or labeler reached or did not reach a supplemental
23	23	rebate agreement under Section 531.070 for a particular drug is not
24	24	confidential under Subsection (a).
25	25	SECTION 2. Section 531.072, Government Code, is amended by
26	26	adding Subsections (b-1), (b-2), and (c-1) to read as follows:
27	27	(b-1) Notwithstanding Subsection (b), the preferred drug
28	28	lists may contain:
29	29	(1) a drug provided by a manufacturer or labeler that
30	30	has not reached a supplemental rebate agreement with the commission
31	31	if the commission determines that inclusion of the drug on the
32	32	preferred drug lists will have no negative cost impact to the state;
33	33	or
34	34	(2) a drug provided by a manufacturer or labeler that
35	35	has reached an agreement with the commission to provide program
36	36	benefits in lieu of supplemental rebates, as described by Section
37	37	531.070.
38	38	(b-2) Consideration must be given to including all
39	39	strengths and dosage forms of a drug on the preferred drug lists.
40	40	(c-1) In addition to the considerations listed under
41	41	Subsection (c), the commission shall consider the inclusion of
42	42	multiple methods of delivery within each drug class, including
43	43	liquid, tablet, capsule, and orally disintegrating tablets.
44	44	SECTION 3. Section 531.073, Government Code, is amended by
45	45	adding Subsections (g) and (h) to read as follows:
46	46	(g) The commission shall ensure that requests for prior
47	47	authorization may be submitted by telephone, facsimile, or
48	48	electronic communications through the Internet.
49	49	(h) The commission shall provide an automated process that
50	50	may be used to assess a Medicaid recipient's medical and drug claim
51	51	history to determine whether the recipient's medical condition
52	52	satisfies the applicable criteria for dispensing a drug without an
53	53	additional prior authorization request.
54	54	SECTION 4. Section 531.074, Government Code, is amended by
55	55	amending Subsections (i) and (m) and adding Subsections (f-1) and
56	56	(i-1) to read as follows:
57	57	(f-1) The committee shall meet in public and shall permit
58	58	public comment before voting on any changes in the preferred drug
59	59	lists. Minutes of each meeting shall be made available to the
60	60	public not later than the 10th business day after the date the
61	61	minutes are approved. The committee may meet in executive session
62	62	to discuss confidential information as described by Subsection (i).
63	63	(i) The commission shall adopt rules governing the
64	64	operation of the committee, including rules governing the
65	65	procedures used by the committee for providing notice of a meeting
66	66	and rules prohibiting the committee from discussing confidential
67	67	information described by Section 531.071 in a public meeting. The
68	68	committee shall comply with the rules adopted under this subsection
69	69	and Subsection (i-1).
70	70	(i-1) In addition to the rules under Subsection (i), the
71	71	commission by rule shall require the committee or the committee's
72	72	designee to present a summary of any clinical efficacy and safety
73	73	information or analyses regarding a drug under consideration for a
74	74	preferred drug list that is provided to the committee by a private
75	75	entity that has contracted with the commission to provide the
76	76	information. The committee or the committee's designee shall
77	77	provide the summary in electronic form before the public meeting at
78	78	which consideration of the drug occurs. Confidential information
79	79	described by Section 531.071 must be omitted from the summary. The
80	80	summary must be posted on the commission's Internet website.
81	81	(m) The commission or the commission's agent shall publicly
82	82	disclose, immediately after the committee deliberations conclude,
83	83	each specific drug recommended for or against preferred drug list
84	84	status for each drug class included in the preferred drug list for
85	85	the Medicaid vendor drug program. The disclosure must be posted on
86	86	the commission's Internet website not later than the 10th business
87	87	day [made in writing] after the conclusion of committee
88	88	deliberations that result in recommendations made to the executive
89	89	commissioner regarding the placement of drugs on the preferred drug
90	90	list. The public disclosure must include:
91	91	(1) the general basis for the recommendation for each
92	92	drug class; and
93	93	(2) for each recommendation, whether a supplemental
94	94	rebate agreement or a program benefit agreement was reached under
95	95	Section 531.070.
96	96	SECTION 5. Subchapter B, Chapter 531, Government Code, is
97	97	amended by adding Section 531.0741 to read as follows:
98	98	Sec. 531.0741. PUBLICATION OF INFORMATION REGARDING
99	99	COMMISSION DECISIONS ON PREFERRED DRUG LIST PLACEMENT. The
100	100	commission shall publish on the commission's Internet website any
101	101	decisions on preferred drug list placement, including:
102	102	(1) a list of drugs reviewed and the commission's
103	103	decision for or against placement on a preferred drug list of each
104	104	drug reviewed;
105	105	(2) for each recommendation, whether a supplemental
106	106	rebate agreement or a program benefit agreement was reached under
107	107	Section 531.070; and
108	108	(3) the rationale for any departure from a
109	109	recommendation of the pharmaceutical and therapeutics committee
110	110	established under Section 531.074.
111	111	SECTION 6. Not later than December 1, 2010, the executive
112	112	commissioner of the Health and Human Services Commission shall
113	113	implement Sections 531.073(g) and (h), Government Code, as added by
114	114	this Act.
115	115	SECTION 7. If before implementing any provision of this Act
116	116	a state agency determines that a waiver or authorization from a
117	117	federal agency is necessary for implementation of that provision,
118	118	the agency affected by the provision shall request the waiver or
119	119	authorization and may delay implementing that provision until the
120	120	waiver or authorization is granted.
121	121	SECTION 8. This Act takes effect September 1, 2009.