| TO: | Honorable Dianne White Delisi, Chair, House Committee on Public Health |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | HB836 by Gattis (Relating to certain requirements concerning the filling of a prescription.), As Introduced |
The bill would amend the Occupations Code by requiring a pharmacist to offer a patient the choice of paying the actual price of the prescription instead of the co-payment amount if the actual price of the prescription is lower than the co-payment amount. The bill also would require a pharmacist to personally, or through the pharmacist’s agent or employee, advise a patient that a generic drug is available at a lower cost before substituting a generic drug for a name brand drug and obtain the consent of the patient before substituting the generic drug.
According to the Employees Retirement System of Texas (ERS), the bill would not have a significant fiscal impact. Currently, the Texas Employees Group Benefits Program (GBP) has a provision whereby patients pay the lower of the cost of the drug or the co-payment charge. ERS states that the GBP requires the use of generic drugs if available and if the patient chooses the name brand drug when a generic drug is available, the patient must pay the generic co-pay amount plus the difference in the price between the name brand and the generic drug.
| Source Agencies: | 323 Teacher Retirement System, 327 Employees Retirement System, 515 Board of Pharmacy
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| LBB Staff: | JOB, CL, MW, RR
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