By Maxey H.B. No. 1231 77R1840 KKA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to prices of prescription drugs provided to Medicare 1-3 recipients by pharmacies participating in the Medicaid Vendor Drug 1-4 Program. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is 1-7 amended by adding Section 32.0462 to read as follows: 1-8 Sec. 32.0462. VENDOR DRUG PROGRAM; PARTICIPATION 1-9 REQUIREMENT. (a) A provider in the vendor drug program, as a 1-10 condition of participation in the program, must provide any 1-11 prescription drug available to a recipient of medical assistance 1-12 under the program to a Medicare recipient at a price not greater 1-13 than the sum of: 1-14 (1) the amount of reimbursement the provider would 1-15 have received under the program for providing the drug to a 1-16 recipient of medical assistance; and 1-17 (2) an administrative fee in an amount determined by 1-18 the department, not to exceed 15 percent of the amount specified by 1-19 Subdivision (1). 1-20 (b) To receive the price required by this section from a 1-21 provider, a Medicare recipient must: 1-22 (1) provide a prescription for the drug that names the 1-23 recipient; and 1-24 (2) present the recipient's Medicare card. 2-1 (c) The department shall ensure that information concerning 2-2 prices that may be charged under this section is readily available 2-3 to providers participating in the vendor drug program. 2-4 (d) The department shall: 2-5 (1) monitor provider compliance with this section; and 2-6 (2) evaluate the effect of the requirements imposed by 2-7 this section on the availability of prescription drugs to 2-8 recipients of Medicare and medical assistance, including whether 2-9 the number of providers under the vendor drug program declines as a 2-10 result of the requirements. 2-11 (e) Not later than January 1 of each year, the department 2-12 shall submit a report to the legislature containing the information 2-13 obtained and developed by the department under Subsection (d). 2-14 SECTION 2. If before implementing any provision of this Act a 2-15 state agency determines that a waiver or authorization from a 2-16 federal agency is necessary for implementation of that provision, 2-17 the agency affected by the provision shall request the waiver or 2-18 authorization and may delay implementing that provision until the 2-19 waiver or authorization is granted. 2-20 SECTION 3. This Act takes effect September 1, 2001.