By: Hochberg, et al. (Senate Sponsor - Janek) H.B. No. 833
(In the Senate - Received from the House May 12, 2003;
May 13, 2003, read first time and referred to Committee on State
Affairs; May 23, 2003, reported favorably by the following vote:
Yeas 6, Nays 0; May 23, 2003, sent to printer.)
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.
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