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A BILL TO BE ENTITLED
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AN ACT
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relating to the access to certain information or consideration for |
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a discount health care program or a discount health care program |
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operator. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 76.001(3) and (4), Health and Safety |
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Code, are amended to read as follows: |
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(3) "Discount health care program" means a business |
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arrangement or contract in which an entity, in exchange for fees, |
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dues, charges, or other consideration, including access to patient |
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information, access to patient prescription drug histories, or drug |
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manufacturer rebates, offers its members access to discounts on |
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health care services provided by health care providers. The term |
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does not include an insurance policy, certificate of coverage, or |
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other product regulated by the Texas Department of Insurance or a |
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self-funded or self-insured employee benefit plan. |
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(4) "Discount health care program operator" means a |
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person who, in exchange for fees, dues, charges, or other |
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consideration, including access to patient information, access to |
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patient prescription drug histories, or drug manufacturer rebates, |
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operates a discount health care program and contracts with |
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providers, provider networks, or other discount health care program |
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operators to offer access to health care services at a discount and |
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determines the charge to members. |
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SECTION 2. Section 76.053, Health and Safety Code, is |
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amended by adding Subsection (a-1) and amending Subsection (b) to |
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read as follows: |
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(a-1) A program operator shall, before enrollment, provide |
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each prospective member disclosure materials containing the |
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program operator's policy regarding access to patient information |
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or patient prescription drug histories, including whether the |
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program operator engages in the transfer or sale of a member's |
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patient information or patient prescription drug history. |
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(b) A marketer shall use disclosure materials that comply |
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with this section [Subsection (a)]. |
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SECTION 3. This Act takes effect September 1, 2009. |