Texas 2021 - 87th Regular

Texas House Bill HB40 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Talarico H.B. No. 40
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a cap on the monthly price of insulin and insulin
7	7	supplies.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 1358, Insurance Code, is amended by
10	10	adding Section 1358.058 to read as follows:
11	11	Sec. 1358.058. COST SHARING IN PRESCRIPTION INSULIN DRUGS -
12	12	LIMITS CONFIDENTIALITY OF REBATE INFORMATION - DEFINITION -RULES.
13	13	(1) As used in this section, unless the context other
14	14	requires, "prescription insulin drug" means a prescription drug, as
15	15	defined in section 1358.051, that contains insulin and is used to
16	16	treat diabetes.
17	17	(2) a carrier that provides coverage for prescription
18	18	insulin drugs pursuant to the terms of a health coverage plan the
19	19	carrier offers shall cap the total amount that a covered person is
20	20	required to pay for a covered prescription insulin drug at an amount
21	21	not to exceed one hundred dollars per thirty-day supply of insulin,
22	22	regardless of the amount or type of insulin needed to fill the
23	23	covered person's prescription.
24	24	(3) nothing in this section prevents a carrier from
25	25	reducing a covered person's cost sharing by an amount greater than
26	26	the amount specified in subsection (2) of this section.
27	27	(4) This section applies to health coverage plans
28	28	offered by the Employees Retirement System of Texas and the Teacher
29	29	Retirement System of Texas.
30	30	(5) the commissioner may use any of the commissioner's
31	31	enforcement powers to obtain a carrier's compliance with this
32	32	section.
33	33	(6) the commissioner may promulgate rules as necessary
34	34	to implement and administer this section and to align with federal
35	35	requirements.
36	36	SECTION 2. Chapter 1358, Insurance Code, is amended by
37	37	adding Section 1358.059 to read as follows:
38	38	Sec. 1358.059. INVESTIGATION AND REPORTING OF PRESCRIPTION
39	39	INSULIN DRUG PRICING. (a) The Department of Health and Human
40	40	Services shall investigate and report on the pricing of
41	41	prescription insulin drugs
42	42	(1) made available to Texas consumers to ensure
43	43	adequate consumer protections in pricing of prescription insulin
44	44	drugs and whether additional consumer protections are needed.
45	45	(2) (a) as part of the investigation by the
46	46	department, the department shall gather, compile, and analyze
47	47	information concerning the organization, business practices,
48	48	pricing information, data, reports, or other information that the
49	49	department finds necessary to fulfill the requirements of this
50	50	section from companies engaged in the manufacture or sale of
51	51	prescription insulin drugs. The department shall also consider any
52	52	publicly available information related to drug pricing.
53	53	(b) if necessary to fulfill the reporting
54	54	requirements of this section, the attorney general may issue a
55	55	civil investigative demand requiring a state department; carrier;
56	56	pharmacy benefit management firm; or manufacturer of prescription
57	57	insulin drugs that are made available in Texas, to furnish
58	58	material, answers, data, or other relevant information.
59	59	(3) a person or business shall not be compelled to
60	60	provide trade secrets.
61	61	(4) by September 1, 2022, the department shall issue
62	62	and make available to the public a report detailing its findings
63	63	from the investigation conducted pursuant to this section. The
64	64	department shall present the report to the Governor, the Lieutenant
65	65	Governor, the Speaker of the House, and the Senate Committee on
66	66	Business and Commerce and the House Committee on Insurance or their
67	67	successor committees. The report must include:
68	68	(a) a summary of insulin pricing practices and
69	69	variables that contribute to pricing of health coverage plans;
70	70	(b) public policy recommendations to control and
71	71	prevent overpricing of prescription insulin drugs made available to
72	72	Texas consumers;
73	73	(c) any recommendations to improve consumer
74	74	protections, to prevent deceptive sales practices related to the
75	75	sale of prescription insulin drugs, including the pricing of those
76	76	drugs; and
77	77	(d) any other information the department finds
78	78	necessary.
79	79	(5) this section is repealed, effective December 1,
80	80	2022.
81	81	SECTION 3. This Act applies only to a health benefit plan
82	82	that is delivered, issued for delivery, or renewed on or after
83	83	January 1, 2022. A health benefit plan that is delivered, issued for
84	84	delivery, or renewed before January 1, 2022, is governed by the law
85	85	as it existed immediately before the effective date of this Act, and
86	86	that law is continued in effect for that purpose.
87	87	SECTION 7. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2021.