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79R1181 AJA-F

By:  Isett                                                        H.B. No. 1282



A BILL TO BE ENTITLED

AN ACT

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.