By: Watson S.B. No. 1346
(In the Senate - Filed March 6, 2017; March 14, 2017, read
first time and referred to Committee on State Affairs;
April 3, 2017, reported favorably by the following vote: Yeas 9,
Nays 0; April 3, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to disclosure of state agency contract information
regarding administrator services for group health benefit plans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter H, Chapter 2158,
Government Code, is amended to read as follows:
SUBCHAPTER H. PURCHASE OF PHARMACY BENEFIT MANAGER SERVICES OR OF
ADMINISTRATOR SERVICES FOR GROUP HEALTH BENEFIT PLAN
SECTION 2. Section 2158.401(b), Government Code, is amended
to read as follows:
(b) This subchapter applies in relation to a state agency
contract or proposed contract for pharmacy benefit manager services
or for services as an administrator for a group health benefit plan
without regard to whether the contract or proposed contract is
otherwise subject to this subtitle.
SECTION 3. Section 2158.402, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsections (a-1) and
(d) to read as follows:
(a) A state agency on request of another state agency shall
disclose information relating to the amounts charged by:
(1) a pharmacy benefit manager for pharmacy benefit
manager services provided under a prescription drug program and
other requested pricing information related to a contract for
pharmacy benefit manager services; or
(2) an administrator of a health benefit plan for
services provided for a group health benefit plan and other
requested pricing information related to a contract for
administrator services for a group health benefit plan.
(a-1) A state agency shall provide information requested
under this section not later than the 30th day after the date the
information is requested.
(b) Subsection (a) does not require a state agency to
disclose information the agency is specifically prohibited from
disclosing under a contract with:
(1) a pharmacy benefit manager executed before
September 1, 2009; or
(2) an administrator for a health benefit plan
executed before September 1, 2017.
(d) A contract entered, amended, or extended on or after
September 1, 2017, may not contain a provision that prohibits a
state agency from disclosing under this subchapter information on
the amounts charged by an administrator for a health benefit plan
for services provided for a group health benefit plan or from
disclosing under this subchapter other pricing information related
to the contract.
SECTION 4. This Act takes effect September 1, 2017.
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