By Luna                                         H.B. No. 3420

      75R9347 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to prescription drug coverage under health plans offered

 1-3     by health maintenance organizations.

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

 1-5           SECTION 1.  The Texas Health Maintenance Organization Act

 1-6     (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding

 1-7     Section 14A to read as follows:

 1-8           Sec. 14A.  COPAYMENTS FOR PRESCRIPTION DRUGS.  A health

 1-9     maintenance organization may not apply a copayment or similar

1-10     charge under a health care plan to a benefit for a prescription

1-11     drug to the extent that the copayment or charge exceeds the usual

1-12     and customary amount charged for the prescription drug by the

1-13     pharmacy that is filling the prescription.

1-14           SECTION 2.  This Act takes effect September 1, 1997, and

1-15     applies only to coverage under an evidence of coverage that is

1-16     delivered, issued for delivery, or renewed on or after January 1,

1-17     1998.  An evidence of coverage that is delivered, issued for

1-18     delivery, or renewed before January 1, 1998, is governed by the law

1-19     as it existed immediately before the effective date of this Act,

1-20     and that law is continued in effect for that purpose.

1-21           SECTION 3.  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.