By: Bryant H.B. No. 5457
A BILL TO BE ENTITLED
AN ACT
relating to the relationship between a pharmacy benefit manager and
a pharmacist or pharmacy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter M, Chapter 1369, Insurance Code, is
amended by adding Section 1369.6045 to read as follows:
Sec. 1369.6045. AFFILIATED PHARMACISTS AND PHARMACIES
PROHIBITED. A pharmacy benefit manager may not directly, or
indirectly through one or more intermediaries, control or be under
common control with a pharmacist or pharmacy in this state.
SECTION 2. Subchapter D, Chapter 4151, Insurance Code, is
amended by adding Section 4151.155 to read as follows:
Sec. 4151.155. COMPTROLLER REPORT. Not later than
September 1 of each even-numbered year, the comptroller shall
prepare and submit a written report to the legislature that
contains an assessment of and recommendations regarding the impact
of pharmacy benefit manager regulation and affiliation in this
state on:
(1) independent pharmacies;
(2) rural pharmacies;
(3) prescription drug prices;
(4) patient access to prescription drugs; and
(5) competition in the pharmacy market.
SECTION 3. Effective January 1, 2027, Subchapter B, Chapter
565, Occupations Code, is amended by adding Section 565.05912 to
read as follows:
Sec. 565.05912. REVOCATION OR REFUSAL TO RENEW FOR
AFFILIATION WITH PHARMACY BENEFIT MANAGER. The board shall revoke
or refuse to renew a pharmacy license under Chapter 560 or a license
to practice pharmacy under Chapter 558 if the holder of the license
is affiliated with a pharmacy benefit manager in violation of
Section 1369.6045, Insurance Code.
SECTION 4. Effective January 1, 2027, Section 1369.604,
Insurance Code, is repealed.
SECTION 5. (a) Subject to Subsection (b) of this section,
the change in law made by this Act applies to an affiliation between
a pharmacy benefit manager and a pharmacist or pharmacy acquired
before, on, or after the effective date of this Act.
(b) Section 1360.6045, Insurance Code, as added by this Act,
does not prohibit the continuation until January 1, 2027, of an
affiliation between a pharmacy benefit manager and a pharmacist or
pharmacy that existed immediately before the effective date of this
Act. A pharmacy benefit manager or pharmacist or pharmacy subject
to Section 1369.6045, Insurance Code, as added by this Act, shall
divest all affiliated interests as necessary to comply with that
section not later than January 1, 2027.
SECTION 6. Except as otherwise provided by this Act, this
Act takes effect September 1, 2025.