By: Nelson S.B. No. 704
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to disclosure of the prices charged to state agencies in
  connection with pharmacy benefit manager services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2158, Government Code, is amended by
  adding Subchapter H to read as follows:
  SUBCHAPTER H.  PURCHASE OF PHARMACY BENEFIT MANAGER SERVICES
         Sec. 2158.401.  DEFINITION; APPLICABILITY.  (a)  In this
  subchapter, "state agency" means a board, commission, department,
  office, or other agency in the executive, legislative, or judicial
  branch of state government that is created by the constitution or a
  statute of this state, including an institution of higher education
  as defined by Section 61.003, Education Code.
         (b)  This subchapter applies in relation to a state agency
  contract or proposed contract for pharmacy benefit manager services
  without regard to whether the contract or proposed contract is
  otherwise subject to this subtitle.
         Sec. 2158.402.  REQUIRED DISCLOSURE.  (a)  A state agency on
  request of another state agency shall disclose information relating
  to the amounts charged by a pharmacy benefit manager for pharmacy
  benefit manager services provided under a prescription drug program
  and other requested pricing information related to a contract for
  pharmacy benefit manager services.  A state agency shall provide
  information requested under this section not later than the 30th
  day after the date the information is requested.
         (b)  Subsection (a) does not require a state agency to
  disclose information the agency is specifically prohibited from
  disclosing under a contract with a pharmacy benefit manager
  executed before September 1, 2009.
         (c)  A contract entered, amended, or extended on or after
  September 1, 2009, may not contain a provision that prohibits a
  state agency from disclosing under this subchapter information on
  the amounts charged by a pharmacy benefit manager for pharmacy
  benefit manager services provided under a prescription drug program
  or from disclosing under this subchapter other pricing information
  related to the contract.
         Sec. 2158.403.  CONFIDENTIALITY.  The information received
  by a state agency under Section 2158.402 is confidential.  The state
  agency that receives the information shall maintain the
  confidentiality of the information by ensuring that only officers,
  employees, and agents of the state agency who have a need to know
  the information have access to the information.  The information
  may not be disclosed to a person outside of the state agency and its
  agents.
         SECTION 2.  This Act takes effect September 1, 2009.