Texas 2015 - 84th Regular

Texas House Bill HB3028 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Frullo (Senate Sponsor - Watson) H.B. No. 3028
2		-	(In the Senate - Received from the House May 14, 2015;
3		-	May 14, 2015, read first time and referred to Committee on Business
4		-	and Commerce; May 19, 2015, reported favorably by the following
5		-	vote: Yeas 8, Nays 0; May 19, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3028
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to regulation of certain conduct by discount health care
12	6		program operators, or concerning discount health care programs,
13	7		that relates to prescription drugs or prescription drug benefits;
14	8		authorizing administrative and civil penalties.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Subchapter B, Chapter 562, Insurance Code, is
17	11		amended by adding Sections 562.055 and 562.056 to read as follows:
18	12		Sec. 562.055. NETWORK PARTICIPATION REQUIREMENTS. (a) It
19	13		is an unfair method of competition or an unfair or deceptive act or
20	14		practice in the business of discount health care programs for a
21	15		discount health care program operator or an affiliate or agent of a
22	16		discount health care program operator to require a pharmacy or
23	17		pharmacist to:
24	18		(1) participate in a specified provider network as a
25	19		condition of processing a claim for prescription drugs under the
26	20		discount health care program; or
27	21		(2) participate in, or process claims under, a
28	22		discount health care program as a condition of participation in a
29	23		provider network.
30	24		(b) A discount health care program operator is not legally
31	25		liable for any act or omission of an agent of the operator in
32	26		violation of Subsection (a).
33	27		Sec. 562.056. CERTAIN METHODS OF PROMOTIONS. (a) It is an
34	28		unfair method of competition or an unfair or deceptive act or
35	29		practice in the business of discount health care programs for a
36	30		discount health care program operator to pay any consideration to a
37	31		health care services provider or employee of a health care services
38	32		provider:
39	33		(1) to encourage an individual to claim a discount for
40	34		prescription drugs under a discount health care program; or
41	35		(2) to include discount health care program
42	36		information on a prescription for a drug or in materials
43	37		accompanying the prescription.
44	38		(b) It is an unfair method of competition or an unfair or
45	39		deceptive act or practice in the business of discount health care
46	40		programs for a discount health care program operator to provide a
47	41		person with written prescription forms that could reasonably
48	42		mislead an individual to believe that the discount health care
49	43		program is health insurance or provides coverage similar to health
50	44		insurance.
51	45		SECTION 2. Subchapter D, Chapter 4151, Insurance Code, is
52	46		amended by adding Section 4151.154 to read as follows:
53	47		Sec. 4151.154. DISCOUNT HEALTH CARE PROGRAMS. A pharmacy
54	48		benefit manager may not require a pharmacist or pharmacy to:
55	49		(1) accept or process a claim for prescription drugs
56	50		under a discount health care program as defined by Section 7001.001
57	51		unless the pharmacist or pharmacy agrees in writing to accept or
58	52		process the claim;
59	53		(2) participate in a specified provider network as a
60	54		condition of processing a claim for prescription drugs under a
61	55		discount health care program; or
62	56		(3) participate in, or process claims under, a
63	57		discount health care program as a condition of participation in a
64	58		provider network.
65	59		SECTION 3. (a) Except as provided by Subsection (b) of this
66	60		section, the changes in law made by this Act apply only to conduct
67	61		that occurs on or after the effective date of this Act. Conduct that
68	62		occurs before the effective date of this Act is governed by the law
69	63		as it existed when the conduct occurred, and the former law is
70	64		continued in effect for that purpose.
71	65		(b) The changes in law made by this Act apply only to a claim
72	66		filed under a discount health care program on or after the effective
73	67		date of this Act. A claim filed before the effective date of this
74	68		Act is governed by the law as it existed immediately before the
75	69		effective date of this Act, and that law is continued in effect for
76	70		that purpose.
77	71		SECTION 4. This Act takes effect September 1, 2015.
78		-	* * * * *
	72	+	______________________________ ______________________________
	73	+	President of the Senate Speaker of the House
	74	+	I certify that H.B. No. 3028 was passed by the House on May
	75	+	13, 2015, by the following vote: Yeas 144, Nays 0, 2 present, not
	76	+	voting.
	77	+	______________________________
	78	+	Chief Clerk of the House
	79	+	I certify that H.B. No. 3028 was passed by the Senate on May
	80	+	22, 2015, by the following vote: Yeas 30, Nays 1.
	81	+	______________________________
	82	+	Secretary of the Senate
	83	+	APPROVED: _____________________
	84	+	Date
	85	+	_____________________
	86	+	Governor