Amend CSSB 385 as follows: (1) In the recital to SECTION 12 of the bill, (page 38, line 7, House Committee Report Printing), strike "(i)-(m)" and substitute "(i)-(s)". (2) In SECTION 12 of the bill, in Section 14, Texas Health Maintenance Act (Chapter 20A, Vernon's Texas Insurance Code), (page 40, between lines 6 and 7, House Committee Report Printing), insert Subsections (n)-(s) to read as follows: (n) A health maintenance organization may not: (1) prohibit or limit an enrollee from selecting a pharmacy or pharmacist of the person's choice to be a provider under the health care plan to furnish pharmaceutical services offered or provided by that plan or interfere with that person's selection of a pharmacy or pharmacist; (2) deny a pharmacy or pharmacist the right to participate as a contract provider under the plan if the pharmacy or pharmacist agrees to provide pharmaceutical services that meet all terms and requirements of the plan and to include the same administrative, financial, and professional conditions that apply to pharmacies and pharmacists who have been designated as providers under the plan; or (3) require an enrollee to obtain or request a specific quantity or dosage supply of pharmaceutical products. (o) Notwithstanding Subsection (n)(3) of this section, a health maintenance organization may allow the physician of an enrollee to prescribe drugs in a quantity or dosage supply the physician determines appropriate and that is in compliance with state and federal statutes. (p) This section does not prohibit: (1) a provision of a plan from limiting the quantity or dosage supply of pharmaceutical products for which coverage is provided or providing financial incentives to encourage the enrollee and the prescribing physician to use a program that provides pharmaceutical products in quantities that result in cost savings to the health maintenance organization and the enrollee if the provision applies equally to all designated providers of pharmaceutical services under the health care plan; (2) a pharmacy card program that provides a means of obtaining pharmaceutical services offered by the health care plan through all designated providers of pharmaceutical services; or (3) a health maintenance organization from establishing reasonable application and recertification fees for a pharmacy which provides pharmaceutical services as a provider if the fees are uniformly charged to each pharmacy under contract with the organization. (q) A provision of a health care plan that is delivered, issued for delivery, entered into, or renewed in this state that conflicts with Subsections (n)-(p) of this section is void to the extent of the conflict. (r) Subsections (n)-(p) of this section do not require a health maintenance organization to provide pharmaceutical services. The provisions of those subsections do not apply to a self-insured employee benefit plan that is subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001, et seq.). (s) In Subsections (n)-(r) of this section, the terms "pharmacist," "pharmaceutical services," "pharmacy," "drugs," and "prescription drugs" have the meanings assigned by Article 21.52B, Insurance Code.