| 1 | 1 | | 84R6466 EES-D |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 1008 |
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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 establishment by the Department of State Health |
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| 8 | 8 | | Services of a program for the transfer of certain unused drugs to |
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| 9 | 9 | | public hospitals. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 1001, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 1001.086 to read as follows: |
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| 13 | 13 | | Sec. 1001.086. UNUSED DRUGS TRANSFER PROGRAM. (a) To the |
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| 14 | 14 | | extent allowed by federal law, the department shall establish a |
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| 15 | 15 | | program under which: |
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| 16 | 16 | | (1) a hospital, a nursing facility, or another health |
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| 17 | 17 | | facility may transfer to the department, or an entity designated by |
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| 18 | 18 | | the department, unused drugs that the hospital, nursing facility, |
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| 19 | 19 | | or health facility received reimbursement for the cost of under the |
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| 20 | 20 | | Medicaid program; and |
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| 21 | 21 | | (2) the department, or the entity designated by the |
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| 22 | 22 | | department, distributes to public hospitals the unused drugs |
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| 23 | 23 | | transferred to the department or entity under Subdivision (1). |
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| 24 | 24 | | (b) In operating the program established under Subsection |
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| 25 | 25 | | (a), the department may not, under any circumstances, pay a |
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| 26 | 26 | | hospital, a nursing facility, or a health facility for the unused |
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| 27 | 27 | | drugs transferred to the department or an entity designated by the |
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| 28 | 28 | | department. |
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| 29 | 29 | | (c) The executive commissioner may adopt any rules |
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| 30 | 30 | | necessary to implement the program in Subsection (a), including |
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| 31 | 31 | | rules that provide for: |
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| 32 | 32 | | (1) the types of unused drugs that may be transferred |
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| 33 | 33 | | to the department or an entity designated by the department; |
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| 34 | 34 | | (2) the procedures for transferring unused drugs to |
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| 35 | 35 | | the department or the entity designated by the department; |
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| 36 | 36 | | (3) the procedures for allocating and distributing the |
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| 37 | 37 | | unused drugs to public hospitals; and |
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| 38 | 38 | | (4) the qualifications for an entity to be designated |
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| 39 | 39 | | by the department to receive and distribute unused drugs under the |
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| 40 | 40 | | program, including demonstrated expertise in handling, storing, |
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| 41 | 41 | | and assessing prescription and nonprescription drugs and |
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| 42 | 42 | | coordinating with the state's public hospital system. |
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| 43 | 43 | | SECTION 2. As soon as practicable after the effective date |
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| 44 | 44 | | of this Act, the Department of State Health Services shall |
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| 45 | 45 | | establish the unused drugs transfer program as required under |
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| 46 | 46 | | Section 1001.086, Health and Safety Code, as added by this Act, and |
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| 47 | 47 | | the executive commissioner of the Health and Human Services |
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| 48 | 48 | | Commission shall adopt any rules necessary to implement the |
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| 49 | 49 | | program. |
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| 50 | 50 | | SECTION 3. If before implementing any provision of this Act |
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| 51 | 51 | | a state agency determines that a waiver or authorization from a |
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| 52 | 52 | | federal agency is necessary for implementation of that provision, |
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| 53 | 53 | | the agency affected by the provision shall request the waiver or |
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| 54 | 54 | | authorization and may delay implementing that provision until the |
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| 55 | 55 | | waiver or authorization is granted. |
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| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2015. |
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