| 1 | | - | By: Watson S.B. No. 1346 |
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| 2 | | - | (In the Senate - Filed March 6, 2017; March 14, 2017, read |
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| 3 | | - | first time and referred to Committee on State Affairs; |
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| 4 | | - | April 3, 2017, reported favorably by the following vote: Yeas 9, |
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| 5 | | - | Nays 0; April 3, 2017, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | By: Watson, Huffman, Nelson S.B. No. 1346 |
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| 7 | 2 | | |
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| 8 | 3 | | |
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| 9 | 4 | | A BILL TO BE ENTITLED |
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| 10 | 5 | | AN ACT |
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| 11 | 6 | | relating to disclosure of state agency contract information |
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| 12 | 7 | | regarding administrator services for group health benefit plans. |
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| 13 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 9 | | SECTION 1. The heading to Subchapter H, Chapter 2158, |
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| 15 | 10 | | Government Code, is amended to read as follows: |
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| 16 | 11 | | SUBCHAPTER H. PURCHASE OF PHARMACY BENEFIT MANAGER SERVICES OR OF |
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| 17 | 12 | | ADMINISTRATOR SERVICES FOR GROUP HEALTH BENEFIT PLAN |
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| 18 | 13 | | SECTION 2. Section 2158.401(b), Government Code, is amended |
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| 19 | 14 | | to read as follows: |
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| 20 | 15 | | (b) This subchapter applies in relation to a state agency |
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| 21 | 16 | | contract or proposed contract for pharmacy benefit manager services |
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| 22 | 17 | | or for services as an administrator for a group health benefit plan |
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| 23 | 18 | | without regard to whether the contract or proposed contract is |
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| 24 | 19 | | otherwise subject to this subtitle. |
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| 25 | 20 | | SECTION 3. Section 2158.402, Government Code, is amended by |
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| 26 | 21 | | amending Subsections (a) and (b) and adding Subsections (a-1) and |
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| 27 | 22 | | (d) to read as follows: |
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| 28 | 23 | | (a) A state agency on request of another state agency shall |
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| 29 | 24 | | disclose information relating to the amounts charged by: |
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| 30 | 25 | | (1) a pharmacy benefit manager for pharmacy benefit |
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| 31 | 26 | | manager services provided under a prescription drug program and |
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| 32 | 27 | | other requested pricing information related to a contract for |
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| 33 | 28 | | pharmacy benefit manager services; or |
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| 34 | 29 | | (2) an administrator of a health benefit plan for |
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| 35 | 30 | | services provided for a group health benefit plan and other |
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| 36 | 31 | | requested pricing information related to a contract for |
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| 37 | 32 | | administrator services for a group health benefit plan. |
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| 38 | 33 | | (a-1) A state agency shall provide information requested |
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| 39 | 34 | | under this section not later than the 30th day after the date the |
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| 40 | 35 | | information is requested. |
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| 41 | 36 | | (b) Subsection (a) does not require a state agency to |
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| 42 | 37 | | disclose information the agency is specifically prohibited from |
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| 43 | 38 | | disclosing under a contract with: |
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| 44 | 39 | | (1) a pharmacy benefit manager executed before |
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| 45 | 40 | | September 1, 2009; or |
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| 46 | 41 | | (2) an administrator for a health benefit plan |
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| 47 | 42 | | executed before September 1, 2017. |
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| 48 | 43 | | (d) A contract entered, amended, or extended on or after |
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| 49 | 44 | | September 1, 2017, may not contain a provision that prohibits a |
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| 50 | 45 | | state agency from disclosing under this subchapter information on |
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| 51 | 46 | | the amounts charged by an administrator for a health benefit plan |
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| 52 | 47 | | for services provided for a group health benefit plan or from |
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| 53 | 48 | | disclosing under this subchapter other pricing information related |
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| 54 | 49 | | to the contract. |
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| 55 | 50 | | SECTION 4. This Act takes effect September 1, 2017. |
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