| 1 | 1 | | 87R2651 SCL-D |
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| 2 | 2 | | By: Canales H.B. No. 1995 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to examination of pharmacy benefit managers by the |
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| 8 | 8 | | commissioner of insurance; authorizing an assessment. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 4151, Insurance Code, is amended by |
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| 11 | 11 | | adding Subchapter D-1 to read as follows: |
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| 12 | 12 | | SUBCHAPTER D-1. EXAMINATION OF PHARMACY BENEFIT MANAGERS |
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| 13 | 13 | | Sec. 4151.176. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Pharmacy benefit manager" has the meaning |
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| 15 | 15 | | assigned by Section 4151.151. |
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| 16 | 16 | | (2) "Records" has the meaning assigned by Section |
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| 17 | 17 | | 36.151. |
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| 18 | 18 | | Sec. 4151.177. EXAMINATION OF PHARMACY BENEFIT MANAGERS. |
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| 19 | 19 | | The commissioner may examine the records of a pharmacy benefit |
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| 20 | 20 | | manager to determine compliance with Chapter 1369, this chapter, |
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| 21 | 21 | | and other applicable provisions of this code and matters considered |
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| 22 | 22 | | necessary by the commissioner by rule to protect the interests of |
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| 23 | 23 | | health benefit plan issuers, enrollees, pharmacists, and |
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| 24 | 24 | | pharmacies. |
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| 25 | 25 | | Sec. 4151.178. EXAMINATION EXPENSES. (a) A pharmacy |
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| 26 | 26 | | benefit manager shall pay the cost of the examination authorized by |
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| 27 | 27 | | Section 4151.177. The department shall collect an assessment in an |
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| 28 | 28 | | amount determined by the commissioner to cover all expenses |
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| 29 | 29 | | attributable directly to the examination, including the salaries |
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| 30 | 30 | | and expenses of the department employees and all reasonable |
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| 31 | 31 | | expenses of the department attributable to the administration of |
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| 32 | 32 | | this subchapter. |
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| 33 | 33 | | (b) The assessment collected under this section shall be |
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| 34 | 34 | | deposited to the credit of the Texas Department of Insurance |
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| 35 | 35 | | operating account. |
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| 36 | 36 | | Sec. 4151.179. CONFIDENTIALITY. A pharmacy benefit manager |
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| 37 | 37 | | may request that the commissioner treat specified records obtained |
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| 38 | 38 | | under this subchapter as confidential and excepted from public |
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| 39 | 39 | | disclosure under Chapter 552, Government Code, in accordance with |
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| 40 | 40 | | Section 552.110, Government Code, or other applicable law. |
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| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2021. |
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