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79R5745 PB-D

By:  Hupp                                                         H.B. No. 2147



A BILL TO BE ENTITLED

AN ACT

relating to required patient counseling regarding mail order 
prescription plans for certain public employees and retirees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 1551, Insurance Code, is 
amended by adding Section 1551.2196 to read as follows:
	Sec. 1551.2196.  REQUIRED PATIENT COUNSELING ON MAIL ORDER 
PRESCRIPTION PLANS.  (a)  In this section, "patient counseling" has 
the meaning assigned by Section 551.003(26), Occupations Code.
	(b)  If the board of trustees or a health benefit plan issuer 
under this chapter provides pharmacy benefits under a coverage plan 
through a mail order prescription plan,  the board or health benefit 
plan issuer shall ensure that patient counseling from a pharmacist 
licensed by the Texas State Board of Pharmacy is available to  each 
participant in the group benefits program who receives pharmacy 
benefits for more than one prescription through the mail order 
prescription plan.
	(c)  A health benefit plan issuer who violates Subsection (b) 
is subject to sanctions as provided by Chapter 82.
	SECTION 2.  Subchapter D, Chapter 1575, Insurance Code, is 
amended by adding Section 1575.168 to read as follows:
	Sec. 1575.168.  REQUIRED PATIENT COUNSELING ON MAIL ORDER 
PRESCRIPTION PLANS.  (a)  In this section, "patient counseling" has 
the meaning assigned by Section 551.003(26), Occupations Code.
	(b)  If the trustee or a health benefit plan issuer under 
this chapter provides pharmacy benefits under a coverage plan 
through a mail order prescription plan, the trustee or health 
benefit plan issuer shall ensure that patient counseling from a 
pharmacist licensed by the Texas State Board of Pharmacy is 
available to  each participant in the group program who receives 
pharmacy benefits for more than one prescription through the mail 
order prescription plan.
	(c)  A health benefit plan issuer who violates Subsection (b) 
is subject to sanctions as provided by Chapter 82.
	SECTION 3.  Subchapter C, Chapter 1579, Insurance Code, is 
amended by adding Section 1579.108 to read as follows:
	Sec. 1579.108.  REQUIRED PATIENT COUNSELING ON MAIL ORDER 
PRESCRIPTION PLANS.  (a)  In this section, "patient counseling" has 
the meaning assigned by Section 551.003(26), Occupations Code.
	(b)  If the trustee or a health coverage plan issuer under 
this chapter provides pharmacy benefits under a coverage plan 
through a mail order prescription plan, the trustee or health 
coverage plan issuer shall ensure that patient counseling from a 
pharmacist licensed by the Texas State Board of Pharmacy is 
available to  each participant in the program who receives pharmacy 
benefits for more than one prescription through the mail order 
prescription plan.
	(c)  A health coverage plan issuer who violates Subsection 
(b) is subject to sanctions as provided by Chapter 82.
	SECTION 4.  This Act applies to health benefit plans 
provided under Chapters 1551, 1575, and 1579, Insurance Code, 
beginning with the 2005-2006 plan year.
	SECTION 5.  This Act takes effect September 1, 2005.