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