| 1 | 1 | | By: Frank H.B. No. 3413 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to limitations on use of certain pharmacy benefit |
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| 7 | 7 | | managers. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter D, Chapter 4151, Insurance Code, is |
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| 10 | 10 | | amended by adding Section 4151.155 to read as follows: |
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| 11 | 11 | | Sec. 4151.155. PROHIBITION ON REQUIRING THE USE OF CERTAIN |
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| 12 | 12 | | PHARMACY BENEFIT MANAGERS. (a) If a health benefit plan has an |
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| 13 | 13 | | ownership or investment interest (which may be through equity, |
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| 14 | 14 | | debt, or other means) in a pharmacy benefit manager, then the health |
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| 15 | 15 | | benefit plan may not require the use of such pharmacy benefit |
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| 16 | 16 | | manager for the administering of pharmacy benefit services offered |
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| 17 | 17 | | under, or in conjunction with, the health benefit plan. |
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| 18 | 18 | | SECTION 2. Subchapter D, Chapter 4151, Insurance Code is |
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| 19 | 19 | | amended by adding Sec. 4151.156, Insurance Code, to read as |
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| 20 | 20 | | follows: |
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| 21 | 21 | | Sec. 4151.156. APPLICABILITY OF SECTION. (a) Section |
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| 22 | 22 | | 4151.155 of this subchapter applies only to a health benefit plan |
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| 23 | 23 | | that provides benefits for medical or surgical expenses incurred as |
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| 24 | 24 | | a result of a health condition, accident, or sickness, including |
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| 25 | 25 | | individual, group, blanket, or group hospital service contract, or |
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| 26 | 26 | | an individual or group evidence of coverage or similar coverage |
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| 27 | 27 | | document that is offered by: |
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| 28 | 28 | | (1) an insurance company; |
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| 29 | 29 | | (2) a group hospital service corporation operating |
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| 30 | 30 | | under Chapter 842; |
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| 31 | 31 | | (3) a health maintenance organization operating under |
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| 32 | 32 | | Chapter 843; |
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| 33 | 33 | | (4) an approved nonprofit health corporation that |
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| 34 | 34 | | holds a certificate of authority under Chapter 844; |
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| 35 | 35 | | (5) a multiple employer welfare arrangement that holds |
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| 36 | 36 | | a certificate of authority under Chapter 846; |
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| 37 | 37 | | (6) a stipulated premium company operation under |
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| 38 | 38 | | Chapter 884; |
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| 39 | 39 | | (7) a fraternal benefit society operating under |
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| 40 | 40 | | Chapter 885; |
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| 41 | 41 | | (8) a Lloyd's plan operating under Chapter 941; or |
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| 42 | 42 | | (9) an exchange operating under Chapter 942. |
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| 43 | 43 | | (b) Notwithstanding any other law, the subchapter applies |
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| 44 | 44 | | to: |
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| 45 | 45 | | (1) a small employer health benefit plan subject to |
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| 46 | 46 | | Chapter 1501, including coverage through a health group cooperative |
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| 47 | 47 | | under Subchapter B of that chapter; |
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| 48 | 48 | | (2) a standard health benefit plan issued under |
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| 49 | 49 | | Chapter 1507; |
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| 50 | 50 | | (3) group health coverage made available by a school |
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| 51 | 51 | | district in accordance with Section 22.004, Education Code; |
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| 52 | 52 | | (4) a regional or local health care program operating |
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| 53 | 53 | | under Section 75.104, Health and Safety Code; |
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| 54 | 54 | | (5) a self-funded health benefit plan sponsored by a |
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| 55 | 55 | | professional employer organization under Chapter 91, Labor Code; |
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| 56 | 56 | | (6) a basic coverage plan under Chapter 1551; |
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| 57 | 57 | | (7) a basic plan under Chapter 1575; |
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| 58 | 58 | | (8) a coverage plan under Chapter 1579; and |
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| 59 | 59 | | (9) a plan providing basic coverage under Chapter |
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| 60 | 60 | | 1601. |
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| 61 | 61 | | SECTION 3. Sections 4151.155 and 4151.156, Subchapter D, |
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| 62 | 62 | | Chapter 4151, Insurance Code as added by this Act, apply only to a |
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| 63 | 63 | | health benefit plan that is delivered, issued for delivery, or |
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| 64 | 64 | | renewed on or after January 1, 2024. |
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| 65 | 65 | | SECTION 4. This Act takes effect September 1, 2023. |
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