By Najera                                              H.B. No. 795
         77R511 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 six [three]
1-11     medications have been prescribed; and
1-12                 (2)  the medical effect denial of Medicaid coverage for
1-13     more than six [three] medications has had on Medicaid clients.
1-14           SECTION 2. Section 32.024, Human Resources Code, is amended
1-15     by adding Subsection (x) to read as follows:
1-16           (x)  In its rules and standards governing the vendor drug
1-17     program, the department may not limit to less than six the number
1-18     of medications prescribed each month to a recipient of prescription
1-19     drug benefits under the medical assistance program.
1-20           SECTION 3. If before implementing any provision of this Act a
1-21     state agency determines that a waiver or authorization from a
1-22     federal agency is necessary for implementation of that provision,
1-23     the agency affected by the provision shall request the waiver or
1-24     authorization and may delay implementing that provision until the
 2-1     waiver or authorization is granted.
 2-2           SECTION 4. This Act takes effect September 1, 2001, and
 2-3     applies to a person receiving medical assistance on or after that
 2-4     date regardless of the date on which the person began receiving
 2-5     that medical assistance.