Texas 2009 - 81st Regular

Texas Senate Bill SB1645 Compare Versions

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1	1	S.B. No. 1645
2	2
3	3
4	4	AN ACT
5	5	relating to the distribution of a prescription drug and a study of
6	6	the feasibility of establishing separate reimbursement under the
7	7	Medicaid vendor drug program for certain pharmacy care management
8	8	services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. DEFINITION. In this Act, "pharmacy care
11	11	management services" means services provided by a pharmacy to
12	12	support patients receiving treatment or therapy through a specialty
13	13	pharmacy drug or therapy and maximize adherence to the drug or
14	14	therapy, including:
15	15	(1) significant caregiver and provider contact and
16	16	education regarding the relevant disease, disease prevention and
17	17	treatment, and counseling related to drug indications, benefits,
18	18	risks, complications, and appropriate use of the prescribed drug or
19	19	therapy;
20	20	(2) patient compliance services, including
21	21	coordination of provider visits with delivery of the specialty drug
22	22	or therapy to the provider, compliance with the dosing regimen,
23	23	patient reminders, compilation of data, and assisting providers in
24	24	the development of compliance programs; and
25	25	(3) tracking services, including developing ordering
26	26	processes with a provider, screening referrals, and tracking a
27	27	patient's weight for dosing requirements.
28	28	SECTION 2. STUDY. (a) The Health and Human Services
29	29	Commission shall study the feasibility of establishing separate
30	30	reimbursement rates under the Medicaid vendor drug program for
31	31	pharmacies that provide pharmacy care management services to
32	32	patients who are administered specialty pharmacy drugs, including
33	33	drugs indicated for the prophylaxis of respiratory syncytial virus,
34	34	blood factor, or any other biologic or therapy that requires
35	35	complex care.
36	36	(b) In conducting the study under Subsection (a) of this
37	37	section, the Health and Human Services Commission shall consult
38	38	with the Centers for Medicare and Medicaid Services and may
39	39	consider the adoption of pharmacy care management services
40	40	reimbursement for pharmacy services adopted by other state Medicaid
41	41	programs.
42	42	(c) The Health and Human Services Commission shall seek
43	43	information from specialty pharmacy providers or other sources
44	44	regarding the costs of providing pharmacy care management services.
45	45	(d) Not later than September 1, 2010, the Health and Human
46	46	Services Commission shall submit a written report of the results of
47	47	the study conducted under Subsection (a) of this section to the
48	48	legislature.
49	49	SECTION 3. NORMAL DISTRIBUTION CHANNEL. Subdivision (5),
50	50	Section 431.401, Health and Safety Code, is amended to read as
51	51	follows:
52	52	(5) "Normal distribution channel" means a chain of
53	53	custody for a prescription drug, either directly or by drop
54	54	shipment, from the manufacturer of the prescription drug, the
55	55	manufacturer to the manufacturer's co-licensed product partner,
56	56	the manufacturer to the manufacturer's third-party logistics
57	57	provider, or the manufacturer to the manufacturer's exclusive
58	58	distributor, to:
59	59	(A) a pharmacy to:
60	60	(i) a patient; or
61	61	(ii) another designated person authorized
62	62	by law to dispense or administer the drug to a patient;
63	63	(B) an authorized distributor of record to:
64	64	(i) a pharmacy to a patient; or
65	65	(ii) another designated person authorized
66	66	by law to dispense or administer the drug to a patient;
67	67	(C) an authorized distributor of record to a
68	68	wholesale distributor licensed under this chapter to another
69	69	designated person authorized by law to administer the drug to a
70	70	patient;
71	71	(D) an authorized distributor of record to a
72	72	pharmacy warehouse to the pharmacy warehouse's intracompany
73	73	pharmacy;
74	74	(E) [(D)] a pharmacy warehouse to the pharmacy
75	75	warehouse's intracompany pharmacy or another designated person
76	76	authorized by law to dispense or administer the drug to a patient;
77	77	(F) [(E)] a person authorized by law to prescribe
78	78	a prescription drug that by law may be administered only under the
79	79	supervision of the prescriber; or
80	80	(G) [(F)] an authorized distributor of record to
81	81	one other authorized distributor of record to a licensed
82	82	practitioner for office use.
83	83	SECTION 4. EXEMPTION FROM CERTAIN PROVISIONS FOR CERTAIN
84	84	WHOLESALE DISTRIBUTORS. Section 431.4031, Health and Safety Code,
85	85	is amended to read as follows:
86	86	Sec. 431.4031. EXEMPTION FROM CERTAIN PROVISIONS FOR
87	87	CERTAIN WHOLESALE DISTRIBUTORS. (a) A wholesale distributor that
88	88	distributes prescription drugs that are medical gases or a
89	89	wholesale distributor that is a manufacturer or a third-party
90	90	logistics provider on behalf of a manufacturer is exempt from
91	91	Sections 431.404(a)(5) and (6), (b), and (c), 431.4045(2), 431.405,
92	92	431.407, and 431.408.
93	93	(b) A state agency or a political subdivision of this state
94	94	that distributes prescription drugs using federal or state funding
95	95	to nonprofit health care facilities or local mental health or
96	96	mental retardation authorities for distribution to a pharmacy,
97	97	practitioner, or patient is exempt from Sections 431.405(b),
98	98	431.407, 431.408, 431.412, and 431.413.
99	99	(c) The executive commissioner of the Health and Human
100	100	Services Commission by rule may exempt specific purchases of
101	101	prescription drugs by state agencies and political subdivisions of
102	102	this state if the executive commissioner determines that the
103	103	requirements of this subchapter would result in a substantial cost
104	104	to the state or a political subdivision of the state.
105	105	SECTION 5. RULES. As soon as practicable after the
106	106	effective date of this Act, the executive commissioner of the
107	107	Health and Human Services Commission shall adopt, modify, or repeal
108	108	rules as necessary to implement the changes in law made by this Act
109	109	to Chapter 431, Health and Safety Code.
110	110	SECTION 6. EFFECTIVE DATE. This Act takes effect
111	111	immediately if it receives a vote of two-thirds of all the members
112	112	elected to each house, as provided by Section 39, Article III, Texas
113	113	Constitution. If this Act does not receive the vote necessary for
114	114	immediate effect, this Act takes effect September 1, 2009.
115	115	______________________________ ______________________________
116	116	President of the Senate Speaker of the House
117	117	I hereby certify that S.B. No. 1645 passed the Senate on
118	118	May 7, 2009, by the following vote: Yeas 31, Nays 0; May 30, 2009,
119	119	Senate refused to concur in House amendment and requested
120	120	appointment of Conference Committee; May 30, 2009, House granted
121	121	request of the Senate; May 31, 2009, Senate adopted Conference
122	122	Committee Report by the following vote: Yeas 31, Nays 0.
123	123	______________________________
124	124	Secretary of the Senate
125	125	I hereby certify that S.B. No. 1645 passed the House, with
126	126	amendment, on May 27, 2009, by the following vote: Yeas 137,
127	127	Nays 11, one present not voting; May 30, 2009, House granted
128	128	request of the Senate for appointment of Conference Committee;
129	129	May 31, 2009, House adopted Conference Committee Report by the
130	130	following vote: Yeas 141, Nays 0, one present not voting.
131	131	______________________________
132	132	Chief Clerk of the House
133	133	Approved:
134	134	______________________________
135	135	Date
136	136	______________________________
137	137	Governor