| 1 | 1 | | 88R1053 SCL-F |
|---|
| 2 | 2 | | By: Schwertner S.B. No. 1137 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to applicability of certain insurance laws to pharmacy |
|---|
| 8 | 8 | | benefit managers. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter D, Chapter 4151, Insurance Code, is |
|---|
| 11 | 11 | | amended by adding Section 4151.155 to read as follows: |
|---|
| 12 | 12 | | Sec. 4151.155. APPLICABILITY OF CERTAIN LAWS TO PHARMACY |
|---|
| 13 | 13 | | BENEFIT MANAGERS. (a) Except as provided by this section, a |
|---|
| 14 | 14 | | pharmacy benefit manager must comply with the provisions of Chapter |
|---|
| 15 | 15 | | 1369 with respect to each plan administered by the pharmacy benefit |
|---|
| 16 | 16 | | manager, regardless of whether a provision of that chapter is |
|---|
| 17 | 17 | | specifically made applicable to the plan. |
|---|
| 18 | 18 | | (b) A pharmacy benefit manager is not required to comply |
|---|
| 19 | 19 | | with a provision of Chapter 1369: |
|---|
| 20 | 20 | | (1) with respect to a plan expressly excluded from the |
|---|
| 21 | 21 | | applicability of the provision; or |
|---|
| 22 | 22 | | (2) to the extent that the commissioner determines |
|---|
| 23 | 23 | | that the nature of third-party administrators renders the provision |
|---|
| 24 | 24 | | inapplicable to pharmacy benefit managers. |
|---|
| 25 | 25 | | SECTION 2. As soon as practicable after the effective date |
|---|
| 26 | 26 | | of this Act, the commissioner of insurance shall repeal all rules |
|---|
| 27 | 27 | | that are inconsistent with Section 4151.155, Insurance Code, as |
|---|
| 28 | 28 | | added by this Act. |
|---|
| 29 | 29 | | SECTION 3. Section 4151.155, Insurance Code, as added by |
|---|
| 30 | 30 | | this Act, applies only to a health benefit plan that is delivered, |
|---|
| 31 | 31 | | issued for delivery, or renewed on or after January 1, 2024. |
|---|
| 32 | 32 | | SECTION 4. This Act takes effect September 1, 2023. |
|---|