Amend CSSB 383 in Section 7, Article 3.70-3C, Insurance Code,
as added by SECTION 1 of the bill (page 15, between lines 15 and
16, House Committee Printing), by inserting Subsection (f) to read
as follows:
      (f)  An insurer or preferred provider that uses a drug
formulary in providing a prescription drug benefit shall provide
the benefit to an insured for a drug not included in the formulary
if:
            (1)  the drug not included in the formulary is in a
class of drugs covered under the prescription drug benefit;
            (2)  a physician treating the insured under the
preferred provider benefit plan determines that prescription of the
drug not included in the formulary, rather than a drug included in
the formulary, is in the best interest of the insured; and
            (3)   the enrollee pays the difference between the
costs of the drugs, if the drug that is not included in the
formulary is more expensive than the drug that is include in the
formulary.