| 1 | 1 | | 81R10796 KFF-D |
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| 2 | 2 | | By: Howard of Travis H.B. No. 3755 |
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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 the period for which a prescription written for a |
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| 8 | 8 | | Medicaid recipient is valid. |
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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. Section 32.024, Human Resources Code, is amended |
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| 11 | 11 | | by amending Subsection (z-1) and adding Subsection (z-2) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (z-1) In its rules and standards governing the vendor drug |
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| 14 | 14 | | program, the department, to the extent allowed by federal law and |
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| 15 | 15 | | laws regulating the writing and dispensing of prescription |
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| 16 | 16 | | medications, shall ensure that a prescription written by an |
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| 17 | 17 | | authorized health care provider under the medical assistance |
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| 18 | 18 | | program is valid for the lesser of the period for which the |
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| 19 | 19 | | prescription is written or one year. This subsection does not apply |
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| 20 | 20 | | to a prescription for a controlled substance, as defined by Chapter |
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| 21 | 21 | | 481, Health and Safety Code. |
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| 22 | 22 | | (z-2) Subsections [Subsection] (z) and (z-1) do [does] not |
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| 23 | 23 | | affect any other limit on prescription medications otherwise |
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| 24 | 24 | | prescribed by department rule. |
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| 25 | 25 | | SECTION 2. If before implementing any provision of this Act |
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| 26 | 26 | | a state agency determines that a waiver or authorization from a |
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| 27 | 27 | | federal agency is necessary for implementation of that provision, |
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| 28 | 28 | | the agency affected by the provision shall request the waiver or |
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| 29 | 29 | | authorization and may delay implementing that provision until the |
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| 30 | 30 | | waiver or authorization is granted. |
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| 31 | 31 | | SECTION 3. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2009. |
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