81R10796 KFF-D
By: Howard of Travis H.B. No. 3755
A BILL TO BE ENTITLED
AN ACT
relating to the period for which a prescription written for a
Medicaid recipient is valid.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.024, Human Resources Code, is amended
by amending Subsection (z-1) and adding Subsection (z-2) to read as
follows:
(z-1) In its rules and standards governing the vendor drug
program, the department, to the extent allowed by federal law and
laws regulating the writing and dispensing of prescription
medications, shall ensure that a prescription written by an
authorized health care provider under the medical assistance
program is valid for the lesser of the period for which the
prescription is written or one year. This subsection does not apply
to a prescription for a controlled substance, as defined by Chapter
481, Health and Safety Code.
(z-2) Subsections [Subsection] (z) and (z-1) do [does] not
affect any other limit on prescription medications otherwise
prescribed by department rule.
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. 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.