78R7908 KKA-D

By:  Menendez                                                     H.B. No. 1671



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 determined by the 
department, not to exceed 15 cents.
	(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.  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 3.  This Act takes effect September 1, 2003.