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A BILL TO BE ENTITLED
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AN ACT
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relating to the period for which a prescription written for a |
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Medicaid recipient is valid. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.024, Human Resources Code, is amended |
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by amending Subsection (z-1) and adding Subsection (z-2) to read as |
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follows: |
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(z-1) In its rules and standards governing the vendor drug |
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program, the department, to the extent allowed by federal law and |
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laws regulating the writing and dispensing of prescription |
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medications, shall ensure that a prescription written by an |
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authorized health care provider under the medical assistance |
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program is valid for the lesser of the period for which the |
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prescription is written or one year. This subsection does not apply |
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to a prescription for a controlled substance, as defined by Chapter |
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481, Health and Safety Code. |
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(z-2) Subsections [Subsection] (z) and (z-1) do [does] not |
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affect any other limit on prescription medications otherwise |
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prescribed by department rule. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |