78R4496 JMM-D

By:  Hochberg                                                     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 the prescribing doctor prescribes 
for the employee a brand name drug or a generic pharmaceutical 
medication that may be substituted for the brand name drug.  The 
employee shall be responsible for paying the difference between the 
cost of the brand name drug and the cost of a comparable generic 
pharmaceutical medication or comparable over-the-counter 
alternative to a prescription medication.
	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.