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