81R7804 ALB-F
 
  By: Hopson H.B. No. 2832
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reimbursement under the Medicaid vendor drug program
  for pharmacy care management services provided in connection with
  specialty pharmacy products.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.0464 to read as follows:
         Sec. 32.0464.  REIMBURSEMENT UNDER VENDOR DRUG PROGRAM FOR
  CERTAIN PHARMACY CARE MANAGEMENT SERVICES. (a) In this section:
               (1)  "Pharmacy care management services" means
  services provided by a pharmacy to support recipients of medical
  assistance receiving treatment or therapy through a specialty
  pharmacy product, including:
                     (A)  significant caregiver and provider contact
  and education regarding the relevant disease, disease prevention
  and treatment, and drug indications and pharmacy counseling with
  regard to benefits, risks, complications, and appropriate use of
  the specialty pharmacy product;
                     (B)  an explanation of existing guidelines to
  providers;
                     (C)  recipient compliance services, including
  coordination of provider visits with delivery of the specialty
  pharmacy product to the provider, compliance with the dosing
  regimen, patient reminders, compilation of compliance data, and
  assisting providers in development of a compliance program; and
                     (D)  tracking services, including developing
  ordering processes with a provider, screening referrals, and
  tracking a patient's weight for dosing requirements.
               (2)  "Specialty pharmacy product" means a prescription
  drug or therapy typically used to treat a chronic condition or
  manage complex care issues, including:
                     (A)  injection and infusion therapies;
                     (B)  biotechnology drugs;
                     (C)  high-cost therapies; and
                     (D)  therapies requiring complex care.
         (b)  The department shall establish reimbursement rates
  under the vendor drug program for pharmacies that provide pharmacy
  care management services for recipients of medical assistance.  The
  reimbursement rates required by this subsection must be separate
  from the reimbursement rates provided for the relevant specialty
  pharmacy products.
         (c)  A pharmacy that seeks reimbursement under this section
  shall provide verification that pharmacy care management services
  were provided in connection with a specialty pharmacy product
  provided by the pharmacy.
         (d)  The department shall consult with pharmacies that
  provide pharmacy care management services to determine
  reimbursement rates based on accurate costs of products, services,
  and administrative costs described by this section.
         SECTION 2.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 3.  This Act takes effect September 1, 2009.