By Maxey                                               H.B. No. 378
       74R415 MLR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to prescription drugs dispensed under the Medicaid
    1-3  program.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 32.024, Human Resources Code, is amended
    1-6  by adding Subsection (t) to read as follows:
    1-7        (t)  The Texas Department of Health, in its rules and
    1-8  standards governing the vendor drug program, may not limit the
    1-9  number of prescriptions that are medically indicated for a person
   1-10  by a licensed physician.  The Texas Department of Health may limit
   1-11  the amount of a drug dispensed to a person at one time but shall
   1-12  allow at least a 31-day supply if that amount is medically
   1-13  indicated for the person by a licensed physician.
   1-14        SECTION 2.  If before implementing Section 32.024(t), Human
   1-15  Resources Code, as added by this Act, the Texas Department of
   1-16  Health determines that a waiver or authorization from a federal
   1-17  agency is necessary for implementation, the department shall
   1-18  request the waiver or authorization and may delay implementing the
   1-19  provisions until the waiver or authorization is granted.
   1-20        SECTION 3.  This Act takes effect September 1, 1995.
   1-21        SECTION 4.  The importance of this legislation and the
   1-22  crowded condition of the calendars in both houses create an
   1-23  emergency and an imperative public necessity that the
   1-24  constitutional rule requiring bills to be read on three several
    2-1  days in each house be suspended, and this rule is hereby suspended.