89R8229 JTZ-F
By: Oliverson H.B. No. 3086
A BILL TO BE ENTITLED
AN ACT
relating to requirements for pharmaceutical drug manufacturers to
report prescription drug costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 441.0051, Health and Safety Code, is
amended to read as follows:
Sec. 441.0051. ANNUAL REPORT. (a) Not later than the 15th
day of each calendar year, a pharmaceutical drug manufacturer shall
submit a report to the department stating the current wholesale
acquisition cost information for the United States Food and Drug
Administration-approved prescription drugs sold in or into this
state by that manufacturer.
(b) For a prescription drug with a wholesale acquisition
cost increase of 40 percent or more over the drug's wholesale
acquisition cost in the preceding three calendar years or 15
percent or more in the preceding calendar year, a pharmaceutical
drug manufacturer shall include in the annual report required under
Subsection (a):
(1) information on whether the prescription drug is a
brand name drug or generic version of a brand name drug;
(2) a statement on each factor that caused the
increase in the wholesale acquisition cost and an explanation of
the impact of each factor on the cost;
(3) aggregate, research, and development costs as
filed with United States Securities and Exchange Commission on Form
10-K for the most recent calendar year for which final audit data is
available;
(4) the name of each of the manufacturer's
prescription drugs the United States Food and Drug Administration
approved in the previous three calendar years; and
(5) the name of each of the manufacturer's
prescription drugs that lost patent exclusivity in the United
States in the previous three calendar years.
(c) The information a pharmaceutical drug manufacturer
submits to the department under Subsections (a) and (b) must be
consistent with the information the manufacturer includes in the
manufacturer's annual consolidated report filed with the United
States Securities and Exchange Commission on Form 10-K or any other
public disclosure.
SECTION 2. Section 441.0054, Health and Safety Code, is
amended to read as follows:
Sec. 441.0054. PUBLICATION OF COST INCREASE INFORMATION.
Not later than the 60th day after receipt of the report submitted
under Section 441.0051 [or 441.0053(a)], the department shall
publish the required cost increase information [required by Section
441.0053] on the department's prescription drug price information
Internet website.
SECTION 3. Section 441.0102(a), Health and Safety Code, is
amended to read as follows:
(a) The department shall [may] assess an administrative
penalty against a person who violates this chapter or a rule adopted
under this chapter.
SECTION 4. Section 441.0053, Health and Safety Code, is
repealed.
SECTION 5. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement the
changes in law made by this Act.
SECTION 6. This Act takes effect September 1, 2025.