By Wise                                               H.B. No. 3663
         76R7060 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to network pharmacies under certain health benefit plans.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is
 1-5     amended by adding Article 21.52K to read as follows:
 1-6           Art. 21.52K.  MINIMUM NUMBER OF NETWORK PHARMACIES
 1-7           Sec. 1.  DEFINITIONS.  In this article:
 1-8                 (1)  "Health benefit plan" means a health benefit plan
 1-9     described by Section 2 of this article.
1-10                 (2)  "Network pharmacy" means a pharmacy that, under
1-11     contract to the issuer of a health benefit plan, provides
1-12     pharmaceutical services and prescription drugs to enrollees in the
1-13     health benefit plan.
1-14                 (3)  "Pharmacy" means a facility licensed as a pharmacy
1-15     under the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
1-16     Statutes).
1-17           Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies only to
1-18     a health benefit plan that provides benefits for medical or
1-19     surgical expenses incurred as a result of a health condition,
1-20     accident, or sickness, including an individual, group, blanket, or
1-21     franchise insurance policy or insurance agreement, a group hospital
1-22     service contract, or an individual or group evidence of coverage or
1-23     similar coverage document that is offered by:
1-24                 (1)  an insurance company;
 2-1                 (2)  a group hospital service corporation operating
 2-2     under Chapter 20 of this code;
 2-3                 (3)  a fraternal benefit society operating under
 2-4     Chapter 10 of this code;
 2-5                 (4)  a stipulated premium insurance company operating
 2-6     under Chapter 22 of this code;
 2-7                 (5)  a reciprocal exchange operating under Chapter 19
 2-8     of this code;
 2-9                 (6)  a health maintenance organization operating under
2-10     the Texas Health Maintenance Organization Act (Chapter 20A,
2-11     Vernon's Texas Insurance Code);
2-12                 (7)  a multiple employer welfare arrangement that holds
2-13     a certificate of authority under Article 3.95-2 of this code; or
2-14                 (8)  an approved nonprofit health corporation that
2-15     holds a certificate of authority issued by the commissioner under
2-16     Article 21.52F of this code.
2-17           (b)  This article does not apply to:
2-18                 (1)  a plan that provides coverage:
2-19                       (A)  only for a specified disease or other
2-20     limited benefit, other than a pharmacy or prescription drug
2-21     benefit;
2-22                       (B)  only for accidental death or dismemberment;
2-23                       (C)  for wages or payments in lieu of wages for a
2-24     period during which an employee is absent from work because of
2-25     sickness or injury;
2-26                       (D)  as a supplement to liability insurance;
2-27                       (E)  for credit insurance;
 3-1                       (F)  only for dental or vision care;
 3-2                       (G)  only for hospital expenses; or
 3-3                       (H)  only for indemnity for hospital confinement;
 3-4                 (2)  a small employer health benefit plan written under
 3-5     Chapter 26 of this code;
 3-6                 (3)  a Medicare supplemental policy as defined by
 3-7     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
 3-8                 (4)  workers' compensation insurance coverage;
 3-9                 (5)  medical payment insurance coverage issued as part
3-10     of a motor vehicle insurance policy; or
3-11                 (6)  a long-term care policy, including a nursing home
3-12     fixed indemnity policy, unless the commissioner determines that the
3-13     policy provides benefit coverage so comprehensive that the policy
3-14     is a health benefit plan as described by Subsection (a) of this
3-15     section.
3-16           Sec. 3.  MINIMUM NUMBER OF PHARMACIES REQUIRED IN NETWORK.
3-17     (a)  This section applies only to a health benefit plan that:
3-18                 (1)  provides pharmacy or prescription drug benefits;
3-19     and
3-20                 (2)  requires or encourages enrollees in the plan to
3-21     use a network pharmacy to obtain pharmaceutical services or
3-22     prescription drugs for which benefits are provided under the plan.
3-23           (b)  The issuer of a health benefit plan shall maintain at
3-24     least two network pharmacies in each municipality in the state in
3-25     which an enrollee in the plan resides.
3-26           (c)  If there are less than two pharmacies in a municipality
3-27     in which an enrollee in the plan resides, the issuer of the health
 4-1     benefit plan shall comply with rules adopted by the commissioner
 4-2     under this article to ensure adequate access to benefits for
 4-3     pharmaceutical services and prescription drugs.
 4-4           (d)  Compliance with this article does not affect the duty of
 4-5     an issuer of a health benefit plan to provide benefits for
 4-6     pharmaceutical services or prescription drugs through an adequate
 4-7     number of pharmacies.
 4-8           Sec. 4.  RULES.  The commissioner shall adopt rules to
 4-9     implement this article.
4-10           SECTION 2.  This Act takes effect September 1, 1999, and
4-11     applies only to a health benefit plan delivered, issued for
4-12     delivery, or renewed on or after January 1, 2000. A health benefit
4-13     plan  that is delivered before January 1, 2000, is governed by the
4-14     law as it existed immediately before the effective date of this
4-15     Act, and that law is continued in effect for that purpose.
4-16           SECTION 3.  The importance of this legislation and the
4-17     crowded condition of the calendars in both houses create an
4-18     emergency and an imperative public necessity that the
4-19     constitutional rule requiring bills to be read on three several
4-20     days in each house be suspended, and this rule is hereby suspended.