Amend HB 2030 (Senate committee printing) by adding the 
following appropriately numbered SECTIONS to the bill and 
renumbering subsequent SECTIONS of the bill appropriately:
	SECTION ____.  Section 531.071, Government Code, is amended 
by amending Subsection (c) and adding Subsection (d) to read as 
follows:
	(c)  General information about the aggregate costs of 
different classes of drugs is not confidential under Subsection 
(a), except that a drug name or information that could reveal a drug 
name is confidential.
	(d)  Information about whether the commission and a 
manufacturer or labeler reached or did not reach a supplemental 
rebate agreement under Section 531.070 for a particular drug is not 
confidential under Subsection (a).
	SECTION ____.  Section 531.072, Government Code, is amended 
by adding Subsections (b-1), (b-2), and (c-1) to read as follows:
	(b-1)  Notwithstanding Subsection (b), the preferred drug 
lists may contain:
		(1)  a drug provided by a manufacturer or labeler that 
has not reached a supplemental rebate agreement with the commission 
if the commission determines that inclusion of the drug on the 
preferred drug lists will have no negative cost impact to the state; 
or
		(2)  a drug provided by a manufacturer or labeler that 
has reached an agreement with the commission to provide program 
benefits in lieu of supplemental rebates, as described by Section 
531.070.
	(b-2)  Consideration must be given to including all 
strengths and dosage forms of a drug on the preferred drug lists.
	(c-1)  In addition to the considerations listed under 
Subsection (c), the commission shall consider the inclusion of 
multiple methods of delivery within each drug class, including 
liquid, tablet, capsule, and orally disintegrating tablets.
	SECTION ____.  Section 531.073, Government Code, is amended 
by adding Subsections (g) and (h) to read as follows:
	(g)  The commission shall ensure that requests for prior 
authorization may be submitted by telephone, facsimile, or 
electronic communications through the Internet.
	(h)  The commission shall provide an automated process that 
may be used to assess a Medicaid recipient's medical and drug claim 
history to determine whether the recipient's medical condition 
satisfies the applicable criteria for dispensing a drug without an 
additional prior authorization request.
	SECTION ____.  Section 531.074, Government Code, is amended 
by amending Subsections (i) and (m) and adding Subsections (f-1) 
and (i-1) to read as follows:
	(f-1)  The committee shall meet in public and shall permit 
public comment before voting on any changes in the preferred drug 
lists.  Minutes of each meeting shall be made available to the 
public not later than the 10th business day after the date the 
minutes are approved.  The committee may meet in executive session 
to discuss confidential information as described by Subsection (i).
	(i)  The commission shall adopt rules governing the 
operation of the committee, including rules governing the 
procedures used by the committee for providing notice of a meeting 
and rules prohibiting the committee from discussing confidential 
information described by Section 531.071 in a public meeting.  The 
committee shall comply with the rules adopted under this subsection 
and Subsection (i-1).
	(i-1)  In addition to the rules under Subsection (i), the 
commission by rule shall require the committee or the committee's 
designee to present a summary of any clinical efficacy and safety 
information or analyses regarding a drug under consideration for a 
preferred drug list that is provided to the committee by a private 
entity that has contracted with the commission to provide the 
information.  The committee or the committee's designee shall 
provide the summary in electronic form before the public meeting at 
which consideration of the drug occurs.  Confidential information 
described by Section 531.071 must be omitted from the summary.  The 
summary must be posted on the commission's Internet website.
	(m)  The commission or the commission's agent shall publicly 
disclose, immediately after the committee deliberations conclude,
each specific drug recommended for or against preferred drug list 
status for each drug class included in the preferred drug list for 
the Medicaid vendor drug program.  The disclosure must be posted on 
the commission's Internet website not later than the 10th business 
day [made in writing] after the conclusion of committee 
deliberations that result in recommendations made to the executive 
commissioner regarding the placement of drugs on the preferred drug 
list.  The public disclosure must include:
		(1)  the general basis for the recommendation for each 
drug class; and
		(2)  for each recommendation, whether a supplemental 
rebate agreement or a program benefit agreement was reached under 
Section 531.070.
	SECTION ____.  Subchapter B, Chapter 531, Government Code, 
is amended by adding Section 531.0741 to read as follows:
	Sec. 531.0741.  PUBLICATION OF INFORMATION REGARDING 
COMMISSION DECISIONS ON PREFERRED DRUG LIST PLACEMENT.  The 
commission shall publish on the commission's Internet website any 
decisions on preferred drug list placement, including:
		(1)  a list of drugs reviewed and the commission's 
decision for or against placement on a preferred drug list of each 
drug reviewed;
		(2)  for each recommendation, whether a supplemental 
rebate agreement or a program benefit agreement was reached under 
Section 531.070; and
		(3)  the rationale for any departure from a 
recommendation of the pharmaceutical and therapeutics committee 
established under Section 531.074.
	SECTION ____.  Not later than December 1, 2010, the 
executive commissioner of the Health and Human Services Commission 
shall implement Subsections (g) and (h), Section 531.073, 
Government Code, as added by this Act.