By Maxey H.B. No. 478 74R2378 PB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the adoption of a mail-order prescription drug benefit 1-3 option under the uniform group insurance program for certain state 1-4 employees. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. The Texas Employees Uniform Group Insurance 1-7 Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) is 1-8 amended by adding Section 5B to read as follows: 1-9 Sec. 5B. MAIL-ORDER OPTION FOR CERTAIN PRESCRIPTION DRUG 1-10 BENEFITS. (a) In this section: 1-11 (1) "Chronic medical condition" includes: 1-12 (A) arthritis; 1-13 (B) hypertension; 1-14 (C) cardiovascular disease; 1-15 (D) diabetes; 1-16 (E) cancer; 1-17 (F) pulmonary disease; 1-18 (G) digestive tract disease; or 1-19 (H) another chronic, physically debilitating 1-20 condition that requires the use of medication. 1-21 (2) "Maintenance drug" means a medication that is 1-22 routinely prescribed on an ongoing basis for a chronic medical 1-23 condition. 1-24 (b) In providing coverage for prescription drugs under a 2-1 group health benefits plan, the trustee shall adopt a system that 2-2 combines a mail-order option for maintenance drugs with a retail 2-3 purchase option for those drugs. The trustee by rule shall specify 2-4 the maintenance drugs that may be obtained through the mail-order 2-5 service. 2-6 (c) The trustee may not require an employee or dependent to 2-7 use the mail-order option to obtain prescription drugs covered 2-8 under the health benefits plan. 2-9 (d) The mail-order option must include the ability to order 2-10 a 90-day supply of drugs prescribed by a physician at a cost to the 2-11 employee or dependent lower than the cost charged for the same 2-12 medications at a local retail outlet. 2-13 (e) A pharmacy licensed in this state may bid to provide the 2-14 mail-order service. A pharmacy located outside this state may 2-15 participate in the bidding process if that pharmacy registers with 2-16 the trustee and the Texas State Board of Pharmacy. A bidding 2-17 pharmacy must include verification satisfactory to the trustee of 2-18 its ability to mail each prescription not later than 48 hours after 2-19 the time that the pharmacy receives the prescription drug order 2-20 request. The trustee shall adopt rules relating to: 2-21 (1) eligibility requirements for pharmacies 2-22 participating in the mail-order service under this section; and 2-23 (2) the bidding process under this subsection. 2-24 (f) The trustee shall monitor the savings to the state 2-25 associated with the use of the mail-order service and shall report 2-26 information related to the savings in the trustee's annual report 2-27 to the commissioner under Section 7 of this article. 3-1 SECTION 2. The trustee of the Employees Retirement System of 3-2 Texas shall adopt rules to implement Section 5B, Texas Employees 3-3 Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's 3-4 Texas Insurance Code), as added by this Act, not later than 3-5 September 1, 1995. 3-6 SECTION 3. The importance of this legislation and the 3-7 crowded condition of the calendars in both houses create an 3-8 emergency and an imperative public necessity that the 3-9 constitutional rule requiring bills to be read on three several 3-10 days in each house be suspended, and this rule is hereby suspended, 3-11 and that this Act take effect and be in force from and after its 3-12 passage, and it is so enacted.