Texas 2025 - 89th Regular

Texas House Bill HB3086 Compare Versions

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

Old	New	Differences
1	1	89R8229 JTZ-F
2	2	By: Oliverson H.B. No. 3086
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requirements for pharmaceutical drug manufacturers to
10	10	report prescription drug costs.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 441.0051, Health and Safety Code, is
13	13	amended to read as follows:
14	14	Sec. 441.0051. ANNUAL REPORT. (a) Not later than the 15th
15	15	day of each calendar year, a pharmaceutical drug manufacturer shall
16	16	submit a report to the department stating the current wholesale
17	17	acquisition cost information for the United States Food and Drug
18	18	Administration-approved prescription drugs sold in or into this
19	19	state by that manufacturer.
20	20	(b) For a prescription drug with a wholesale acquisition
21	21	cost increase of 40 percent or more over the drug's wholesale
22	22	acquisition cost in the preceding three calendar years or 15
23	23	percent or more in the preceding calendar year, a pharmaceutical
24	24	drug manufacturer shall include in the annual report required under
25	25	Subsection (a):
26	26	(1) information on whether the prescription drug is a
27	27	brand name drug or generic version of a brand name drug;
28	28	(2) a statement on each factor that caused the
29	29	increase in the wholesale acquisition cost and an explanation of
30	30	the impact of each factor on the cost;
31	31	(3) aggregate, research, and development costs as
32	32	filed with United States Securities and Exchange Commission on Form
33	33	10-K for the most recent calendar year for which final audit data is
34	34	available;
35	35	(4) the name of each of the manufacturer's
36	36	prescription drugs the United States Food and Drug Administration
37	37	approved in the previous three calendar years; and
38	38	(5) the name of each of the manufacturer's
39	39	prescription drugs that lost patent exclusivity in the United
40	40	States in the previous three calendar years.
41	41	(c) The information a pharmaceutical drug manufacturer
42	42	submits to the department under Subsections (a) and (b) must be
43	43	consistent with the information the manufacturer includes in the
44	44	manufacturer's annual consolidated report filed with the United
45	45	States Securities and Exchange Commission on Form 10-K or any other
46	46	public disclosure.
47	47	SECTION 2. Section 441.0054, Health and Safety Code, is
48	48	amended to read as follows:
49	49	Sec. 441.0054. PUBLICATION OF COST INCREASE INFORMATION.
50	50	Not later than the 60th day after receipt of the report submitted
51	51	under Section 441.0051 [or 441.0053(a)], the department shall
52	52	publish the required cost increase information [required by Section
53	53	441.0053] on the department's prescription drug price information
54	54	Internet website.
55	55	SECTION 3. Section 441.0102(a), Health and Safety Code, is
56	56	amended to read as follows:
57	57	(a) The department shall [may] assess an administrative
58	58	penalty against a person who violates this chapter or a rule adopted
59	59	under this chapter.
60	60	SECTION 4. Section 441.0053, Health and Safety Code, is
61	61	repealed.
62	62	SECTION 5. As soon as practicable after the effective date
63	63	of this Act, the executive commissioner of the Health and Human
64	64	Services Commission shall adopt rules necessary to implement the
65	65	changes in law made by this Act.
66	66	SECTION 6. This Act takes effect September 1, 2025.