By Menendez H.B. No. 2241 77R6677 KLA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of a state prescription drug program for 1-3 certain Medicare beneficiaries. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 531, Government Code, is amended by adding 1-6 Subchapter I to read as follows: 1-7 SUBCHAPTER I. STATE PRESCRIPTION DRUG PROGRAM 1-8 Sec. 531.301. DEVELOPMENT AND IMPLEMENTATION OF STATE 1-9 PROGRAM; FUNDING. (a) The commission shall develop and implement a 1-10 state prescription drug program that operates in the same manner as 1-11 the vendor drug program operates in providing prescription drug 1-12 benefits to recipients of medical assistance under Chapter 32, 1-13 Human Resources Code. 1-14 (b) A person is eligible for prescription drug benefits 1-15 under the state program if the person is: 1-16 (1) a qualified Medicare beneficiary, as defined by 42 1-17 U.S.C. Section 1396d(p)(1), as amended; or 1-18 (2) a specified low-income Medicare beneficiary who is 1-19 eligible for medical assistance for Medicare cost-sharing payments 1-20 under 42 U.S.C. Section 1396a(a)(10)(E)(iii), as amended. 1-21 (c) Prescription drugs under the state program may be funded 1-22 only with state money unless block grant funds are available under 1-23 federal law to fund all or part of the program. 1-24 Sec. 531.302. RULES. (a) The commission shall adopt all 2-1 rules necessary for implementation of the state prescription drug 2-2 program. 2-3 (b) Except as provided by this subchapter, the rules must be 2-4 designed to result in a state program that is substantively 2-5 identical to the vendor drug program operated under the medical 2-6 assistance program under Chapter 32, Human Resources Code, except 2-7 to the extent that programmatic differences are appropriate because 2-8 of the populations served by those programs and the sources of 2-9 funding for those programs. 2-10 Sec. 531.303. COST-SHARING PAYMENTS PROHIBITED. The 2-11 commission may not require a person who is eligible for 2-12 prescription drug benefits under the state program to pay a 2-13 premium, a deductible, coinsurance, or another cost-sharing 2-14 payment. 2-15 Sec. 531.304. GENERIC EQUIVALENT AUTHORIZED. In adopting 2-16 rules under the state program, the commission may require that, 2-17 unless the practitioner's signature on a prescription clearly 2-18 indicates that the prescription must be dispensed as written, the 2-19 pharmacist may select a generic equivalent of the prescribed drug. 2-20 Sec. 531.305. COMPLIANCE WITH BLOCK GRANT PROGRAM 2-21 REQUIREMENTS. Notwithstanding any provision of this subchapter, 2-22 the commission by rule shall modify the state prescription drug 2-23 program to comply with any prerequisite imposed under the federal 2-24 law for receiving block grant funds available under the federal law 2-25 to fund all or part of the program. 2-26 SECTION 2. Not later than January 1, 2002, the Health and 2-27 Human Services Commission shall develop and implement the state 3-1 prescription drug program under Subchapter I, Chapter 531, 3-2 Government Code, as added by this Act. 3-3 SECTION 3. This Act takes effect September 1, 2001.