78R1121 KKA-D

By:  Miller                                                       H.B. No. 1090



A BILL TO BE ENTITLED

AN ACT

relating to prices of certain prescription drugs.                             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 32, Human Resources Code, 
is amended by adding Section 32.0462 to read as follows:
	Sec. 32.0462.  VENDOR DRUG PROGRAM; PARTICIPATION 
REQUIREMENT. (a)  A provider in the vendor drug program, as a 
condition of participation in the program, must provide any 
prescription drug available to a recipient of medical assistance 
under the program to a Medicare recipient at a price not greater 
than the sum of:
		(1)  the amount of reimbursement the provider would 
have received under the program for providing the drug to a 
recipient of medical assistance; and
		(2)  a transaction fee in the amount necessary to cover 
electronic transmission charges, as determined by the department.
	(b)  To receive the price required by this section from a 
provider, a Medicare recipient must:
		(1)  provide a prescription for the drug that names the 
recipient; and
		(2)  present the recipient's Medicare card.                            
	SECTION 2.  Section 531.0317, Government Code, is amended by 
adding Subsection (c-1) to read as follows:
	(c-1)  The Internet site must also contain a listing of the 
prices of prescription drugs available through the medical 
assistance program under the vendor drug program.  The listed price 
for a drug must correspond to the total amount of reimbursement 
received by a provider under the vendor drug program so that a 
Medicare recipient can determine the price at which the recipient 
may purchase the drug in accordance with Section 32.0462, Human 
Resources Code.  In addition to the price listing required by this 
subsection, the Internet site must include links to any other 
appropriate sites through which prescription drugs may be purchased 
at a discount or through which a person may obtain information 
regarding prescription drug prices.
	SECTION 3.  If before implementing any provision of this Act 
a state agency determines that a waiver or authorization from a 
federal agency is necessary for implementation of that provision, 
the agency affected by the provision shall request the waiver or 
authorization and may delay implementing that provision until the 
waiver or authorization is granted.
	SECTION 4.  This Act takes effect September 1, 2003.