By Chavez                                              H.B. No. 734
         77R1785 CLG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prescription drug coverage under the state Medicaid
 1-3     program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 531.0214(d), Government Code, is amended
 1-6     to read as follows:
 1-7           (d)  The commission shall develop the database system in a
 1-8     manner that will enable a complete analysis of the use of
 1-9     prescription medications, including information relating to:
1-10                 (1)  Medicaid clients for whom more than three
1-11     medications have been prescribed; [and]
1-12                 (2)  the medical effect denial of Medicaid coverage for
1-13     more than three medications has had on Medicaid clients other than
1-14     clients who are 65 years of age or older; and
1-15                 (3)  the medical effect denial of Medicaid coverage for
1-16     more than four medications has had on Medicaid clients who are 65
1-17     years of age or older.
1-18           SECTION 2. Section 32.024, Human Resources Code, is amended
1-19     by adding Subsection (x) to read as follows:
1-20           (x)  In its rules and standards governing the vendor drug
1-21     program, the department may not limit to less than four the number
1-22     of medications prescribed each month to a recipient of prescription
1-23     drug benefits under the medical assistance program who is 65 years
1-24     of age or older.
 2-1           SECTION 3. If before implementing any provision of this Act a
 2-2     state agency determines that a waiver or authorization from a
 2-3     federal agency is necessary for implementation of that provision,
 2-4     the agency affected by the provision shall request the waiver or
 2-5     authorization and may delay implementing that provision until the
 2-6     waiver or authorization is granted.
 2-7           SECTION 4. This Act takes effect September 1, 2001, and
 2-8     applies to a person receiving medical assistance on or after that
 2-9     date regardless of the date on which the person began receiving
2-10     that medical assistance.