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Amend HB 833 by adding the following appropriately numbered
SECTION and renumbering the SECTIONS of the bill appropriately:
SECTION ____. (a) The Texas Workers' Compensation
Commission shall consider a rulemaking petition based on a study
funded by collaborative efforts of workers' compensation insurance
carriers and pharmacy providers. The study must be designed to
determine pharmacy fees paid by other payors and administrative
costs and expenses incurred by pharmacy providers to process claims
and payments for prescription drugs provided to individuals under
the Texas workers' compensation system relative to the costs and
expenses incurred in providing the drugs to self-paying individuals
or individuals for whom payment is made under insurance coverage
other than workers' compensation insurance.
(b) The Texas Workers' Compensation Commission shall adopt,
not later than six months after the date a rulemaking petition is
submitted to the commission, rules that clearly define the
methodology for determining payment amounts for prescription drugs
under Subtitle A, Title 5, Labor Code. The rules described by this
section must take into account pharmacy fees paid by other payors
and the costs and expenses that workers' compensation insurance
carriers and pharmacies incur in providing prescription drugs to
individuals under that subtitle and must ensure the presence of a
reliable network of pharmacy providers for injured workers in this
state.
(c) The Texas Workers' Compensation Commission shall pursue
efforts to streamline the procedures for presenting, processing,
and paying claims for prescription drugs under Subtitle A, Title 5,
Labor Code, through the development of a system that is more
efficient than the system in place on the effective date of this
Act.
(d) The Texas Workers' Compensation Commission shall
implement the requirements of this section in a budget-neutral
manner and consider the findings of studies or other research
funded by collaborative efforts of workers' compensation insurance
carriers and pharmacy providers. If the studies are not funded by
workers' compensation insurance carriers and pharmacy providers
and this section cannot be implemented in a budget-neutral manner,
this section may not be implemented.
(e) This section expires December 31, 2004.