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AN ACT
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relating to an e-prescribing implementation plan under the Medicaid |
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and child health plan programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. VENDOR DRUG PROGRAM; E-PRESCRIBING. (a) In this |
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section: |
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(1) "Child health plan program" means the child health |
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plan program under Chapter 62, Health and Safety Code. |
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(2) "Electronic media" has the meaning assigned by 45 |
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C.F.R. Section 160.103. |
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(3) "E-prescribing" means the transmission using |
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electronic media of prescription or prescription-related |
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information between a practitioner, pharmacist, pharmacy benefit |
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manager, or health plan, either directly or through an |
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intermediary, including through a network. The term includes |
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two-way transmissions between the point of care and the pharmacist. |
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(4) "Medicaid program" means the medical assistance |
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program under Chapter 32, Human Resources Code. |
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(5) "Pharmacist," "pharmacy," and "practitioner" have |
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the meanings assigned by Section 551.003, Occupations Code. |
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(6) "Prescription-related information" means |
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information regarding eligibility for drug benefits, medication |
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history, or related health or drug information for an individual |
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who is receiving benefits under the Medicaid program or the child |
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health plan program. |
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(b) The Health and Human Services Commission shall develop |
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an e-prescribing implementation plan under the vendor drug program |
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for the Medicaid and child health plan programs designed to improve |
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patient safety and standardize electronic prescribing systems used |
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in the program. The plan must establish: |
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(1) e-prescribing standards with which pharmacists, |
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practitioners, pharmacy benefit managers, and health plans that |
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transmit, directly or through an intermediary, prescriptions for |
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Medicaid program recipients and child health plan program enrollees |
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and prescription-related information using electronic media must |
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comply; and |
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(2) time frames within which pharmacists, |
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practitioners, pharmacy benefit managers, and health plans must |
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comply with the standards established under Subdivision (1) of this |
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subsection. |
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(c) Not later than December 1, 2009, the Health and Human |
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Services Commission shall submit an initial report to the governor |
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and the Legislative Budget Board detailing the e-prescribing |
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implementation plan developed under this section. The report must |
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include the projected expenditures and cost savings anticipated for |
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the plan during the state fiscal year. |
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(d) Not later than December 1, 2010, the Health and Human |
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Services Commission shall submit a final report to the governor and |
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the Legislative Budget Board regarding the e-prescribing |
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implementation plan developed under this section. The report must |
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include expenditures associated with and cost savings realized from |
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the plan. |
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SECTION 2. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1966 was passed by the House on May 7, |
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2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1966 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |