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Amend CSSB 1188 (House Committee Printing) by adding the
following appropriately numbered SECTION to the bill and
renumbering subsequent SECTIONS of the bill accordingly:
SECTION __. PRESCRIPTION DRUGS. (a) Section 531.070,
Government Code, is amended by adding Subsection (n) to read as
follows:
(n) Before entering into a supplemental rebate agreement
with a manufacturer, the commission shall disclose to the
manufacturer any clinical edits or clinical protocols that the
commission knows might be imposed during the term of the agreement
on a particular class of drugs on the preferred drug list adopted
under Section 531.072 that applies under the Medicaid vendor drug
program. If the commission does not disclose a clinical edit or
clinical protocol as required by this subsection that would
otherwise apply to a drug that is manufactured by the manufacturer
and that will be provided under the Medicaid vendor drug program,
the clinical edit or clinical protocol may not be imposed on the
drug during the term of the agreement.
(b) Section 531.070(n), Government Code, as added by this
section, applies only to a supplemental rebate agreement that is
entered into or renewed on or after the effective date of this Act.
A supplemental rebate agreement that is entered into or renewed
before the effective date of this Act is governed by the law in
effect on the date the agreement was entered into or renewed, and
the former law is continued in effect for that purpose.