7 | 5 | | |
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8 | 6 | | |
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9 | 7 | | A BILL TO BE ENTITLED |
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10 | 8 | | AN ACT |
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11 | 9 | | relating to applicability of certain prescription drug insurance |
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12 | 10 | | laws to health benefit plans and pharmacy benefit managers. |
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13 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 12 | | SECTION 1. Subchapter L, Chapter 1369, Insurance Code, is |
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15 | 13 | | amended by adding Section 1369.5515 to read as follows: |
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16 | 14 | | Sec. 1369.5515. APPLICABILITY OF SUBCHAPTER. (a) Except |
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17 | 15 | | as provided by this subsection, a pharmacy benefit manager must |
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18 | 16 | | comply with the provisions of this subchapter with respect to each |
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19 | 17 | | health benefit plan administered by the pharmacy benefit manager, |
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20 | 18 | | regardless of whether a provision of this subchapter is |
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21 | 19 | | specifically made applicable to the plan. A pharmacy benefit |
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22 | 20 | | manager is not required to comply with a provision of this |
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23 | 21 | | subchapter with respect to a plan expressly excluded by this |
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24 | 22 | | subchapter from the applicability of the provision. |
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25 | 23 | | (b) This subchapter applies to a health benefit plan |
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26 | 24 | | provided to a resident of this state, regardless of whether the |
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27 | 25 | | plan, policy, agreement, or contract is delivered, issued for |
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28 | 26 | | delivery, or renewed within or outside this state and to the |
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29 | 27 | | pharmacy benefit manager for that plan. |
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30 | 28 | | SECTION 2. Section 1369.602, Insurance Code, is amended by |
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31 | 29 | | adding Subsections (d) and (e) to read as follows: |
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32 | 30 | | (d) Except as provided by this subsection, a pharmacy |
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33 | 31 | | benefit manager must comply with the provisions of this subchapter |
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34 | 32 | | with respect to each health benefit plan administered by the |
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35 | 33 | | pharmacy benefit manager, regardless of whether a provision of this |
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36 | 34 | | subchapter is specifically made applicable to the plan. A pharmacy |
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37 | 35 | | benefit manager is not required to comply with a provision of this |
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38 | 36 | | subchapter with respect to a plan expressly excluded by this |
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39 | 37 | | subchapter from the applicability of the provision. |
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40 | 38 | | (e) This subchapter applies to a health benefit plan |
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41 | 39 | | provided to a resident of this state, regardless of whether the |
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42 | 40 | | plan, policy, agreement, or contract is delivered, issued for |
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43 | 41 | | delivery, or renewed within or outside this state and to the |
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44 | 42 | | pharmacy benefit manager for that plan. |
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45 | 43 | | SECTION 3. As soon as practicable after the effective date |
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46 | 44 | | of this Act, the commissioner of insurance shall repeal all rules |
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47 | 45 | | that are inconsistent with the changes in law made by this Act. |
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48 | 46 | | SECTION 4. The changes in law made by this Act apply only to |
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49 | 47 | | a health benefit plan that is delivered, issued for delivery, or |
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50 | 48 | | renewed on or after January 1, 2026. A health benefit plan |
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51 | 49 | | delivered, issued for delivery, or renewed before January 1, 2026, |
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52 | 50 | | is governed by the law as it existed immediately before the |
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53 | 51 | | effective date of this Act, and that law is continued in effect for |
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54 | 52 | | that purpose. |
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55 | 53 | | SECTION 5. This Act takes effect September 1, 2025. |
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