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A BILL TO BE ENTITLED
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AN ACT
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relating to applicability of certain insurance laws to pharmacy |
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benefit managers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 4151, Insurance Code, is |
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amended by adding Section 4151.155 to read as follows: |
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Sec. 4151.155. APPLICABILITY OF CERTAIN LAWS TO PHARMACY |
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BENEFIT MANAGERS. (a) Except as provided by this section, a |
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pharmacy benefit manager must comply with the provisions of Chapter |
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1369 with respect to each plan administered by the pharmacy benefit |
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manager, regardless of whether a provision of that chapter is |
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specifically made applicable to the plan. |
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(b) A pharmacy benefit manager is not required to comply |
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with a provision of Chapter 1369: |
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(1) with respect to a plan expressly excluded from the |
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applicability of the provision; or |
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(2) to the extent that the commissioner determines |
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that the nature of third-party administrators renders the provision |
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inapplicable to pharmacy benefit managers. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the commissioner of insurance shall repeal all rules |
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that are inconsistent with Section 4151.155, Insurance Code, as |
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added by this Act. |
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SECTION 3. Section 4151.155, Insurance Code, as added by |
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this Act, applies only to a health benefit plan that is delivered, |
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issued for delivery, or renewed on or after January 1, 2024. |
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SECTION 4. This Act takes effect September 1, 2023. |