By: Deshotel H.B. No. 2735
A BILL TO BE ENTITLED
AN ACT
relating to the provision of medications and medical supplies under
the medical assistance program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 32, Human Resources Code, is amended by
adding Section 32.054 to read as follows:
Sec. 32.054. MEDICATIONS AND MEDICAL SUPPLIES. The
department shall adopt rules establishing procedures for: (1) the
purchase of medically necessary, over-the-counter medications and
medical supplies that were previously being provided via
prescription; and (2) the distribution of these over-the-counter
medications and medical supplies in ways that are more
cost-effective than obtaining these same over-the-counter
medications and medical supplies through the current
prescription-based model.
SECTION 2. WAIVER. If before implementing Section 1 of this
Act, the Health and Human Services Commission determines that a
waiver or authorization from a federal agency is necessary for
implementation, the commission shall request the waiver or
authorization and may delay implementing this Act until the waiver
or authorization is granted.
SECTION 3. REPORTING REQUIREMENTS. The Health and Human
Services Commission shall prepare a report for delivery by Jan. 1,
2004 to the committees of the senate and house of representatives
with jurisdiction over the Medicaid program detailing the status of
cost-savings generated by purchasing improvements regarding
over-the-counter medications and medical supplies and
recommendations for further improvements. This report shall be
updated for distribution to the same recipients prior to January 1,
2005.
SECTION 4. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.