Amend CSHB 2292 as follows:                                                  
	Section 2.09. On page 66, between line 13, by adding a new 
subsection (b) and (c) to read as follows and reletter accordingly:
	(a) For purposes of this section, the term "supplemental 
rebates" shall mean cash rebates paid by a pharmaceutical 
manufacturer to the State on the basis of quarterly Medicaid 
utilization data relating to such manufacturer's products, 
pursuant to a State supplemental rebate agreement negotiated with 
such manufacturer and approved by the federal government under 
Section 1927 of the federal Social Security Act.
	(b) The commission may enter into a written agreement with a 
manufacturer to accept certain program benefits in lieu of 
supplemental rebates, as such term is defined herein, only if:
		1) the program benefit yields a savings that will offset 
expenditures during the current biennium;
		2) the manufacturer guarantees and posts a performance 
bond in the amount of the anticipated savings; and
		3) the program benefit is in addition to other program 
benefits currently offered by the manufacturer to recipients of 
medical assistance or related programs.
	(c) For the purposes of this section, a program benefit means 
as a disease management programs authorized under this title, a 
drug product donation programs, drug utilization control programs, 
prescriber and beneficiary counseling and education, fraud and 
abuse initiatives, and other services or administrative 
investments with guaranteed savings to a program operated by a 
health and human service agency.
	(d) Other than as required to satisfy the provisions of this 
section, such program investments shall be deemed an alternative 
to, and not the equivalent of, supplemental rebates and shall be 
treated in the State's submissions to the federal government 
(including, as appropriate, waiver requests and quarterly Medicaid 
claim) so as to maximize the availability of federal matching 
	Amend proposed CSHB 2292, in Section 2.09 of the bill, in 
proposed Sec. 531.070, Government Code by adding a new subsection 
(3) on page 67, line 11 to read as follows:
		(3) Other program benefits as specified in subsection 
	Amend proposed CSHB 2292, in Section 2.11 of the bill, in 
proposed Sec. 531.072, Government Code by adding a new subsection 
(4) on page 69, line 3 to read as follows:
		(4) "Program benefit offerings solely or in conjunction 
with rebates and other pricing information."
	Amend proposed CSHB 2292, in Section 2.13 of the bill, in 
proposed Sec. 531.074 (h), Government Code on page 73, line 4, by 
striking "of" and inserting the following between 
"cost-effectiveness" and "a":
	"and any program benefit associated with"