| 1 | | - | By: Kolkhorst, Cook S.B. No. 493 |
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| 2 | | - | Sparks |
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| 1 | + | By: Kolkhorst S.B. No. 493 |
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| 2 | + | (In the Senate - Filed November 22, 2024; February 3, 2025, |
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| 3 | + | read first time and referred to Committee on Health & Human |
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| 4 | + | Services; March 31, 2025, reported adversely, with favorable |
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| 5 | + | Committee Substitute by the following vote: Yeas 7, Nays 0; |
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| 6 | + | March 31, 2025, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 493 By: Kolkhorst |
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| 5 | 9 | | |
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| 6 | 10 | | |
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| 7 | 11 | | A BILL TO BE ENTITLED |
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| 8 | 12 | | AN ACT |
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| 9 | 13 | | relating to certain protected disclosures or communications by |
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| 10 | 14 | | pharmacists and pharmacies regarding prescription drug benefits. |
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| 11 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 16 | | SECTION 1. Subchapter A, Chapter 562, Occupations Code, is |
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| 13 | 17 | | amended by adding Section 562.0035 to read as follows: |
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| 14 | 18 | | Sec. 562.0035. PROTECTED DISCLOSURES AND COMMUNICATIONS BY |
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| 15 | 19 | | PHARMACISTS AND PHARMACIES REGARDING PRESCRIPTION DRUG BENEFITS. |
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| 16 | 20 | | (a) In this section, "enrollee" means an individual who is covered |
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| 17 | 21 | | under a health benefit plan, including a covered dependent. |
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| 18 | 22 | | (b) A pharmacist or pharmacy may not enter into a contract |
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| 19 | 23 | | or agreement or implement or effectuate a policy that prohibits or |
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| 20 | 24 | | restricts the pharmacist or pharmacy from: |
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| 21 | 25 | | (1) informing an enrollee of any difference between |
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| 22 | 26 | | the enrollee's out-of-pocket cost for a prescription drug under the |
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| 23 | 27 | | enrollee's health benefit plan and the out-of-pocket cost without |
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| 24 | 28 | | submitting a claim under the enrollee's health benefit plan; or |
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| 25 | 29 | | (2) communicating with sponsors of an enrollee's |
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| 26 | 30 | | health benefit plan regarding member services with respect to |
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| 27 | 31 | | prescription drug benefits, pharmacy services and benefits, |
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| 28 | 32 | | network access and adequacy with respect to prescription drug |
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| 29 | 33 | | benefits, partnership opportunities, or prescription claim |
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| 30 | 34 | | reimbursement. |
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| 31 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 36 | | to a contract or agreement entered into or amended on or after the |
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| 33 | 37 | | effective date of this Act. |
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| 34 | 38 | | SECTION 3. This Act takes effect September 1, 2025. |
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