By:  Van de Putte, Harris, Ratliff                              S.C.R. No. 48 
	(In the Senate - Filed April 30, 2003; May 8, 2003, read 
first time and referred to Committee on Business and Commerce; 
May 14, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 8, Nays 0; May 14, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.C.R. No. 48                                   By:  Van de Putte


SENATE CONCURRENT RESOLUTION

	WHEREAS, The integrity of the Texas workers' compensation 
system must be protected so that injured workers have ready access 
to medically necessary health care services, including medically 
necessary prescription drugs; and
	WHEREAS, The current statutory, regulatory, and 
administrative guidelines for determining payment amounts for 
prescription drugs under the Labor Code are vague and do not provide 
fair notice to providers and workers' compensation insurance 
carriers regarding the amounts to be billed and paid; and
	WHEREAS, The methodology for determining payment amounts for 
prescription drugs under state law should be clearly defined and 
should not be in excess of the amount charged for similar treatment 
of an injured individual of an equivalent standard of living and 
paid by that individual or by someone acting on that individual's 
behalf; and
	WHEREAS, In order to ensure the presence of a reliable 
network of pharmacy providers and workers' compensation insurance 
carriers for injured workers in Texas, the procedures for 
presenting and processing claims for prescription drugs under the 
Labor Code should be made more efficient and less burdensome on 
insurance carriers and pharmacy providers; and
	WHEREAS, Workers' compensation insurance carriers and 
pharmacy providers throughout Texas are working collaboratively 
toward the goals set forth in this resolution; now, therefore, be it
	RESOLVED, That the 78th Legislature of the State of Texas 
hereby direct the Texas Workers' Compensation Commission to 
consider a rulemaking petition based on a study funded by 
collaborative efforts of workers' compensation insurance carriers 
and pharmacy providers and designed to determine pharmacy fees paid 
by other payors and administrative costs and expenses incurred by 
pharmacy providers to process claims and payments for prescription 
drugs provided to individuals under the Texas workers' compensation 
system, relative to the costs and expenses incurred in providing 
such drugs to self-paying individuals or individuals for whom 
payment is made under insurance coverage other than workers' 
compensation insurance; and, be it further
	RESOLVED, That the 78th Legislature of the State of Texas 
hereby direct the Texas Workers' Compensation Commission to 
promulgate, not later than six months after a rulemaking petition 
is submitted to the commission, regulations that clearly define the 
methodology for determining payment amounts for prescription drugs 
under the Texas Workers' Compensation Act, and in so doing, to take 
into account pharmacy fees paid by other payors and the costs and 
expenses that workers' compensation insurance carriers and 
pharmacies incur in providing prescription drugs to individuals 
under the Labor Code and to ensure the presence of a reliable 
network of pharmacy providers for injured workers in Texas; and, be 
it further
	RESOLVED, That the 78th Legislature of the State of Texas 
hereby direct the Texas Workers' Compensation Commission to pursue 
efforts to streamline the procedures for presenting, processing, 
and paying claims for prescription drugs under the Labor Code 
through the development of a system more efficient than the one 
currently in place; and, be it further
	RESOLVED, That the 78th Legislature of the State of Texas 
hereby direct the Texas Workers' Compensation Commission to 
implement this resolution in a budget-neutral manner and to 
consider findings of studies or other research funded by 
collaborative efforts of workers' compensation insurance carriers 
and pharmacy providers; if such studies or research are not funded 
by workers' compensation insurance carriers and pharmacy providers 
and this resolution cannot be implemented in a budget-neutral 
manner, the provisions of this resolution need not be implemented; 
and, be it further
	RESOLVED, That the secretary of state forward an official 
copy of this resolution to the chair and executive director of the 
Texas Workers' Compensation Commission.



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