81R11072 KFF-F
 
  By: Howard of Travis H.B. No. 3270
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the electronic transmission and certification of
  prescriptions under the medical assistance program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  STUDY. (a) The executive commissioner of the
  Health and Human Services Commission shall conduct a study of state
  and federal laws relating to the electronic transmission of
  prescriptions in the medical assistance program under Chapter 32,
  Human Resources Code.
         (b)  Not later than March 31, 2010, the executive
  commissioner of the Health and Human Services Commission shall
  submit a report to the governor, lieutenant governor, and speaker
  of the house of representatives regarding the results of the study
  conducted under Subsection (a) of this section. The following must
  be included in the report:
               (1)  an analysis of current state and federal laws
  relating to the electronic transmission of prescriptions in the
  medical assistance program under Chapter 32, Human Resources Code;
  and
               (2)  a description of any necessary changes in that law
  to enable or facilitate the electronic transmission of
  prescriptions under the program, including the electronic
  transmission of a dispensing directive requiring that the drug
  dispensed be brand-name or allowing the drug dispensed to be a
  generic equivalent.
         SECTION 2.  WAIVER. The executive commissioner of the
  Health and Human Services Commission shall develop and seek a
  waiver or other appropriate authorization from the Centers for
  Medicare and Medicaid Services or the United States secretary of
  health and human services, as appropriate, authorized by 42 C.F.R.
  Section 447.512(c) to implement an electronic alternative for
  certifying that a "brand necessary" or "brand medically necessary"
  prescription drug is medically necessary for a particular recipient
  of medical assistance under Chapter 32, Human Resources Code. The
  executive commissioner shall consult with the Texas State Board of
  Pharmacy in developing the waiver or other authorization under this
  section.
         SECTION 3.  EFFECTIVE DATE.  This Act takes effect
  immediately if it receives a vote of two-thirds of all the members
  elected to each house, as provided by Section 39, Article III, Texas
  Constitution.  If this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2009.