79R1181 AJA-F

By:  Isett                                                        H.B. No. 1282

relating to the use of a prescription drug formulary by a group health benefit plan. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1369.055(a), Insurance Code, as effective April 1, 2005, is amended to read as follows: (a) An issuer of a group health benefit plan that covers prescription drugs shall, for at least 90 days after the date the plan issuer provides written notice of a formulary change to the enrollee and the group policyholder, offer to each enrollee at the contracted benefit level [and until the enrollee's plan renewal date] any prescription drug that was approved or covered under the plan for a medical condition or mental illness, regardless of whether the drug has been removed from the health benefit plan's drug formulary [before the plan renewal date]. SECTION 2. This Act applies only to a group health benefit plan that is delivered, issued for delivery, or renewed on or after January 1, 2006. A policy delivered, issued for delivery, or renewed before January 1, 2006, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2005.