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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic transmission and certification of |
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prescriptions under the medical assistance program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. STUDY. (a) The executive commissioner of the |
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Health and Human Services Commission shall conduct a study of state |
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and federal laws relating to the electronic transmission of |
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prescriptions in the medical assistance program under Chapter 32, |
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Human Resources Code. |
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(b) Not later than March 31, 2010, the executive |
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commissioner of the Health and Human Services Commission shall |
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submit a report to the governor, lieutenant governor, and speaker |
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of the house of representatives regarding the results of the study |
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conducted under Subsection (a) of this section. The following must |
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be included in the report: |
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(1) an analysis of current state and federal laws |
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relating to the electronic transmission of prescriptions in the |
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medical assistance program under Chapter 32, Human Resources Code; |
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and |
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(2) a description of any necessary changes in that law |
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to enable or facilitate the electronic transmission of |
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prescriptions under the program, including the electronic |
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transmission of a dispensing directive requiring that the drug |
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dispensed be brand-name or allowing the drug dispensed to be a |
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generic equivalent. |
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SECTION 2. WAIVER. The executive commissioner of the |
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Health and Human Services Commission shall develop and seek a |
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waiver or other appropriate authorization from the Centers for |
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Medicare and Medicaid Services or the United States secretary of |
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health and human services, as appropriate, authorized by 42 C.F.R. |
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Section 447.512(c) to implement an electronic alternative for |
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certifying that a "brand necessary" or "brand medically necessary" |
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prescription drug is medically necessary for a particular recipient |
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of medical assistance under Chapter 32, Human Resources Code. The |
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executive commissioner shall consult with the Texas State Board of |
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Pharmacy in developing the waiver or other authorization under this |
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section. |
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SECTION 3. 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. |