By Farrar                                       H.B. No. 2957

      75R3606 KKA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to compensation for services performed by pharmacists

 1-3     under the state Medicaid program.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 32.024(c), Human Resources Code, is

 1-6     amended to read as follows:

 1-7           (c)  The department shall establish standards governing the

 1-8     amount, duration, and scope of services provided under the medical

 1-9     assistance program.  The standards may not be lower than the

1-10     minimum standards required by federal law and rule as a condition

1-11     for obtaining federal matching funds for support of the program,

1-12     and may not be lower than the standards in effect on August 27,

1-13     1967.  [Standards or payments for the vendor drug program may not

1-14     be lower than those in effect on January 1, 1973.]

1-15           SECTION 2.  Section 32.028, Human Resources Code, is amended

1-16     by adding Subsections (e) and (f) to read as follows:

1-17           (e)  The department by rule shall develop and implement a

1-18     payment system for pharmacist services that:

1-19                 (1)  is based on compensating pharmacists for all

1-20     professional services provided in addition to the dispensing of

1-21     medication; and

1-22                 (2)  treats all pharmacists equitably.

1-23           (f)  The payment system developed and implemented under

1-24     Subsection (e) must provide compensation at least equal to the

 2-1     compensation provided for pharmacist services under the state

 2-2     Medicaid program on May 31, 1997.

 2-3           SECTION 3.  If before implementing any provision of this Act,

 2-4     a state agency determines that a waiver or authorization from a

 2-5     federal agency is necessary for implementation, the state agency

 2-6     shall request the waiver or authorization and may delay

 2-7     implementing that provision until the waiver or authorization is

 2-8     granted.

 2-9           SECTION 4.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended,

2-14     and that this Act take effect and be in force from and after its

2-15     passage, and it is so enacted.