| 2 | 4 | | |
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| 3 | 5 | | |
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| 4 | 6 | | A BILL TO BE ENTITLED |
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| 5 | 7 | | AN ACT |
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| 6 | 8 | | relating to the relationship between a pharmacy benefit manager and |
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| 7 | 9 | | a pharmacist or pharmacy. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Subchapter M, Chapter 1369, Insurance Code, is |
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| 10 | 12 | | amended by adding Section 1369.6045 to read as follows: |
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| 11 | 13 | | Sec. 1369.6045. AFFILIATED PHARMACISTS AND PHARMACIES |
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| 12 | 14 | | PROHIBITED. A pharmacy benefit manager may not directly, or |
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| 13 | 15 | | indirectly through one or more intermediaries, control or be under |
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| 14 | 16 | | common control with a pharmacist or pharmacy in this state. |
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| 15 | 17 | | SECTION 2. Subchapter D, Chapter 4151, Insurance Code, is |
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| 16 | 18 | | amended by adding Section 4151.155 to read as follows: |
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| 17 | 19 | | Sec. 4151.155. COMPTROLLER REPORT. Not later than |
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| 18 | 20 | | September 1 of each even-numbered year, the comptroller shall |
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| 19 | 21 | | prepare and submit a written report to the legislature that |
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| 20 | 22 | | contains an assessment of and recommendations regarding the impact |
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| 21 | 23 | | of pharmacy benefit manager regulation and affiliation in this |
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| 22 | 24 | | state on: |
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| 23 | 25 | | (1) independent pharmacies; |
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| 24 | 26 | | (2) rural pharmacies; |
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| 25 | 27 | | (3) prescription drug prices; |
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| 26 | 28 | | (4) patient access to prescription drugs; and |
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| 27 | 29 | | (5) competition in the pharmacy market. |
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| 28 | 30 | | SECTION 3. Effective January 1, 2027, Subchapter B, Chapter |
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| 29 | 31 | | 565, Occupations Code, is amended by adding Section 565.05912 to |
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| 30 | 32 | | read as follows: |
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| 31 | 33 | | Sec. 565.05912. REVOCATION OR REFUSAL TO RENEW FOR |
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| 32 | 34 | | AFFILIATION WITH PHARMACY BENEFIT MANAGER. The board shall revoke |
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| 33 | 35 | | or refuse to renew a pharmacy license under Chapter 560 or a license |
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| 34 | 36 | | to practice pharmacy under Chapter 558 if the holder of the license |
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| 35 | 37 | | is affiliated with a pharmacy benefit manager in violation of |
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| 36 | 38 | | Section 1369.6045, Insurance Code. |
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| 37 | 39 | | SECTION 4. Effective January 1, 2027, Section 1369.604, |
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| 38 | 40 | | Insurance Code, is repealed. |
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| 39 | 41 | | SECTION 5. (a) Subject to Subsection (b) of this section, |
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| 40 | 42 | | the change in law made by this Act applies to an affiliation between |
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| 41 | 43 | | a pharmacy benefit manager and a pharmacist or pharmacy acquired |
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| 42 | 44 | | before, on, or after the effective date of this Act. |
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| 43 | 45 | | (b) Section 1360.6045, Insurance Code, as added by this Act, |
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| 44 | 46 | | does not prohibit the continuation until January 1, 2027, of an |
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| 45 | 47 | | affiliation between a pharmacy benefit manager and a pharmacist or |
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| 46 | 48 | | pharmacy that existed immediately before the effective date of this |
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| 47 | 49 | | Act. A pharmacy benefit manager or pharmacist or pharmacy subject |
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| 48 | 50 | | to Section 1369.6045, Insurance Code, as added by this Act, shall |
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| 49 | 51 | | divest all affiliated interests as necessary to comply with that |
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| 50 | 52 | | section not later than January 1, 2027. |
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| 51 | 53 | | SECTION 6. Except as otherwise provided by this Act, this |
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| 52 | 54 | | Act takes effect September 1, 2025. |
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