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1 | 1 | 85R10009 KKR-F | |
2 | 2 | By: Oliveira H.B. No. 2830 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the closed formulary for workers' compensation | |
8 | 8 | pharmaceutical benefits. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Section 408.028(b), Labor Code, is amended to | |
11 | 11 | read as follows: | |
12 | 12 | (b) The commissioner by rule shall require the use of | |
13 | 13 | generic pharmaceutical medications and clinically appropriate | |
14 | 14 | over-the-counter alternatives to prescription medications unless | |
15 | 15 | otherwise specified by the prescribing doctor, in accordance with | |
16 | 16 | applicable state law. The commissioner by rule shall adopt a | |
17 | 17 | closed formulary under Section 413.011. Rules adopted by the | |
18 | 18 | commissioner: | |
19 | 19 | (1) shall allow an appeals process for claims in which | |
20 | 20 | a treating doctor determines and documents that a drug not included | |
21 | 21 | in the formulary is necessary to treat an injured employee's | |
22 | 22 | compensable injury; and | |
23 | 23 | (2) may exclude compounded pharmaceutical medications | |
24 | 24 | from the closed formulary. | |
25 | 25 | SECTION 2. This Act takes effect September 1, 2017. |