SRC-DBM S.B. 782 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 782
76R4031  PB-DBy: Nelson
Health Services
4/1/1999
As Filed


DIGEST 

Currently, Texas law does not prevent certain persons or entities from
selling, sharing, or using specific patient information for marketing , and
solicitation based on their particular medical diagnosis or prescription
drug use.  Entities that manage a company's pharmacy share this data with
their employers, due to regulatory voids.  This occurs, in part, because
the Texas Department of Insurance and the Texas Board of Pharmacy do not
have the necessary authority to regulate the activities of pharmacy benefit
managers.  Further, the state does not have the ability to monitor the
financial arrangements between pharmacies, pharmaceutical companies, and
pharmacy benefit managers to ensure that these relationships do not
influence medical decisions that interfere with the provider-patient
relationship. S.B. 782 would require each pharmacist, pharmacy, and
pharmacy benefit manager to disclose to the Texas State Board of
Pharmacy(board), any financial incentive or other compensation paid or
offered to each of them by a pharmaceutical company;  requires each
pharmacy and pharmacist to ensure that patient health information is
maintained in a secure environment and that access to that information is
restricted to persons with legitimate reasons for that access; and prohibit
a person subject to regulation under this Act from selling, sharing, or
using for marketing purposes, a list of patients containing information
through which the identity of individual patients is disclosed.   

PURPOSE

As proposed, S.B. 782 regulates disclosure requirements for certain
information held by pharmacists, pharmacies, and pharmacy benefit managers. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas State Board of Pharmacy in
SECTIONS 42 and 43 (Article 4542a-1, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5, Article 4542a-1, V.T.C.S.(Texas Pharmacy
Act), by adding the definition "pharmacy technician."  Defines "pharmacy
benefit manager."  Makes conforming changes. 

SECTION 2.  Amends Article 4542a-1, V.T.C.S., by adding Sections 42-44 as
follows: 

Sec. 42.  DISCLOSURE OF FINANCIAL INCENTIVES REQUIRED.  Requires each
pharmacist, pharmacy, and pharmacy benefit manager to disclose to the Texas
State Board of Pharmacy(board) in a manner provided by rule by the board,
any financial incentive or other compensation paid or offered to each of
them by a pharmaceutical company. 

Sec. 43.  LIMITATIONS ON ACCESS TO CERTAIN PATIENT HEALTH INFORMATION.
Defines "patient health information."  Requires each pharmacy and
pharmacist to ensure that patient health information is maintained in a
secure environment and that access to that information is restricted to
persons with legitimate reasons for that access. Requires the board, by
rule, to adopt guidelines regarding access to patient health information
regarding pharmaceutical records by persons regulated under this Act and by
pharmacy benefit managers.  Provides that this section does not supersede
or otherwise affect Section 40C of this Act or any requirement regarding
confidentiality of personal information regarding a patient that is
established under another law of this state or federal law. 

Sec. 44.  PROHIBITED ACTS; EXCEPTIONS.  Prohibits a person subject to
regulation under  this Act from selling, sharing, or using for marketing
purposes, a list of patients containing information through which the
identity of individual patients is disclosed.  Prohibits a person, subject
to regulation under this Act in Subsection (a) of this section,  from
selling, sharing, or using a list of persons who have certain diagnoses or
use certain types of drugs, in order to solicit an individual patient to
use another type or brand of drugs.  Prohibits a person subject to
regulation under this Act from waiving a prohibition created under this
section by requesting or requiring a patient to sign a consent form
authorizing a disclosure.  Provides that this section does not prohibit a
release of information authorized under Section 40C of this Act.  Sets
forth actions which are not prohibited under this Act. 

SECTION 3.  Amends Section 1, Article 21.07-6, Insurance Code, by amending
Subdivision (1) and by adding Subdivision (9), to redefine "administrator,"
and define "pharmacy benefit manager." 


SECTION 4.  Amends Article 21.07-6, Insurance Code, by adding Section 25,
as follows: 

Sec. 25.  APPLICATION TO PHARMACY BENEFIT MANAGERS; DISCLOSURE OF CERTAIN
PATIENT INFORMATION PROHIBITED.  Prohibits a person from operating as a
pharmacy benefit manager in this state unless the person holds a
certificate or authority issued under this article to act as an
administrator.  Prohibits an administrator who operates as a pharmacy
benefit manager from disclosing to an employer contracting with the
administrator under an employer plan, information in the administrator's
possession or to which the administrator has access that was compiled
during the course of a patient's treatment who is an employee or dependant
of an employee and that could reasonably be used to determine the identity
of the patient.  Sets forth the information in an administrator's
possession. 

SECTION 5.Effective date: September 1, 1999.

SECTION 6.Emergency clause.