78R11321 JMM-F


By:  Hochberg, et al.                                             H.B. No. 833



A BILL TO BE ENTITLED

AN ACT

relating to certain pharmaceutical services for an injured employee  
receiving workers' compensation medical benefits.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 408.028, Labor Code, is amended by 
adding Subsection (e) to read as follows:
	(e)  Notwithstanding Subsection (b), the commission by rule 
shall allow an employee to purchase a brand name drug rather than a 
generic pharmaceutical medication or over-the-counter alternative 
to a prescription medication if a health care provider prescribes a 
generic pharmaceutical medication or an over-the-counter 
alternative to a prescription medication.  The employee shall be 
responsible for paying the difference between the cost of the brand 
name drug and the cost of the generic pharmaceutical medication or 
of an over-the-counter alternative to a prescription medication.  
The employee may not seek reimbursement for the difference in cost 
from an insurance carrier and is not entitled to use the medical 
dispute resolution provisions of Chapter 413 with regard to the 
prescription.  A payment described by this subsection by an 
employee to a health care provider does not violate Section 
413.042.  This subsection does not affect the duty of a health care 
provider to comply with the requirements of Subsection (b) when 
prescribing medications or ordering over-the-counter alternatives 
to prescription medications.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The Texas Workers' Compensation Commission shall adopt 
rules under Section 408.028(e), Labor Code, as added by this Act, 
not later than March 1, 2004.