Texas 2025 - 89th Regular

Texas Senate Bill SB2857 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R3906 MPF-D
1	2		By: Blanco S.B. No. 2857
2		-	(In the Senate - Filed March 14, 2025; April 7, 2025, read
3		-	first time and referred to Committee on Health & Human Services;
4		-	May 5, 2025, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 2; May 5, 2025, sent
6		-	to printer.)
7		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2857 By: Perry
8	3
9	4
10	5
11	6
12	7		A BILL TO BE ENTITLED
13	8		AN ACT
14	9		relating to a prescription drug purchasing pool for certain health
15	10		benefit plan issuers and employers.
16	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	12		SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
18	13		amended by adding Chapter 446 to read as follows:
19	14		CHAPTER 446. PRESCRIPTION DRUG PURCHASING POOL
20	15		Sec. 446.001. DEFINITIONS. In this chapter:
21		-	(1) "Commission" means the Health and Human Services
22		-	Commission.
23		-	(2) "Health benefit plan issuer" means an insurer,
	16	+	(1) "Health benefit plan issuer" means an insurer,
24	17		health maintenance organization, or other entity authorized to
25	18		provide health benefits coverage under the laws of this state.
26		-	(3) "Participant" means a health benefit plan issuer,
	19	+	(2) "Participant" means a health benefit plan issuer,
27	20		qualified public employer, or qualified private employer enrolled
28	21		in the prescription drug purchasing pool.
29		-	(4) "Qualified private employer" means a self-insured
	22	+	(3) "Qualified private employer" means a self-insured
30	23		private employer conducting business in this state.
31		-	(5) "Qualified public employer" means:
	24	+	(4) "Qualified public employer" means:
32	25		(A) a political subdivision of this state,
33	26		including a county, municipality, or public school district;
34	27		(B) a university system or an institution of
35	28		higher education, as those terms are defined by Section 61.003,
36	29		Education Code; or
37	30		(C) a quasi-public agency.
38	31		Sec. 446.002. PRESCRIPTION DRUG PURCHASING POOL. (a) The
39		-	~~commission~~ shall establish a prescription drug purchasing pool
	32	+	comptroller shall establish a prescription drug purchasing pool
40	33		through which a participating health benefit plan issuer, qualified
41	34		public employer, or qualified private employer may purchase
42	35		prescription drugs for their employees, employees' dependents, and
43	36		retirees from vendors at a discounted rate or under terms the
44		-	~~commission~~ negotiates.
	37	+	comptroller negotiates.
45	38		(b) The prescription drug purchasing pool does not
46	39		constitute a risk pool, and each health benefit plan issuer,
47	40		qualified public employer, and qualified private employer
48	41		participating in the pool is responsible for paying the cost of a
49	42		claim or prescription drug in accordance with any applicable health
50	43		benefit coverage agreement with their employees, employees'
51	44		dependents, and retirees.
52	45		Sec. 446.003. ADMINISTRATION OF PRESCRIPTION DRUG
53		-	PURCHASING POOL. The ~~executive commissioner~~ by rule shall
54		-	~~establish~~ procedures for administering the prescription drug
55		-	~~purchasing~~ pool, including procedures establishing:
	46	+	PURCHASING POOL. The comptroller by rule shall establish
	47	+	procedures for administering the prescription drug purchasing
	48	+	pool, including procedures establishing:
56	49		(1) the eligibility criteria for a health benefit plan
57	50		issuer, qualified public employer, or qualified private employer to
58	51		participate in the pool;
59	52		(2) the manner by which a health benefit plan issuer,
60	53		qualified public employer, or qualified private employer may enroll
61	54		in the pool;
62	55		(3) the duration of eligibility for a health benefit
63	56		plan issuer, qualified public employer, or qualified private
64	57		employer to participate in the pool;
65	58		(4) the method by which a participant contributes
66	59		money to the pool; and
67	60		(5) the method for disenrolling a participant from the
68	61		pool or terminating a participant's eligibility to participate in
69	62		the pool.
70		-	Sec. 446.004. OPTIONAL STOP LOSS COVERAGE. The ~~commission~~
	63	+	Sec. 446.004. OPTIONAL STOP LOSS COVERAGE. The comptroller
71	64		shall provide a participant the option to purchase stop loss
72		-	coverage from an insurer at a rate the ~~commission~~ negotiates.
	65	+	coverage from an insurer at a rate the comptroller negotiates.
73	66		Sec. 446.005. MULTIPLE EMPLOYER PRESCRIPTION DRUG
74	67		PURCHASING AGREEMENTS. (a) Two or more participants may jointly
75	68		purchase through the prescription drug purchasing pool
76	69		prescription drugs for their employees, employees' dependents, and
77	70		retirees.
78	71		(b) An arrangement to jointly purchase prescription drugs
79	72		under this section does not constitute a multiple employer welfare
80	73		arrangement, as defined by Section 846.001, Insurance Code.
81		-	Sec. 446.006. RULES. The ~~executive commissioner~~ shall
82		-	~~adopt rules as~~ necessary to implement this chapter.
	74	+	Sec. 446.006. RULES. The comptroller shall adopt rules as
	75	+	necessary to implement this chapter.
83	76		SECTION 2. As soon as practicable after the effective date
84		-	of this Act, the Health and Human Services Commission shall
85		-	establish the prescription drug purchasing pool as required by
86		-	Chapter 446, Health and Safety Code, as added by this Act.
87		-	SECTION 3. The Health and Human Services Commission is
88		-	required to implement a provision of this Act only if the
89		-	legislature appropriates money specifically for that purpose. If
90		-	the legislature does not appropriate money specifically for that
91		-	purpose, the commission may, but is not required to, implement a
92		-	provision of this Act using other money available for that purpose.
93		-	SECTION 4. This Act takes effect September 1, 2025.
94		-	* * * * *
	77	+	of this Act, the comptroller of public accounts shall establish the
	78	+	prescription drug purchasing pool as required by Chapter 446,
	79	+	Health and Safety Code, as added by this Act.
	80	+	SECTION 3. This Act takes effect September 1, 2025.