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A BILL TO BE ENTITLED
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AN ACT
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relating to disclosure of the prices charged to state agencies in |
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connection with pharmacy benefit manager services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2158, Government Code, is amended by |
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adding Subchapter H to read as follows: |
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SUBCHAPTER H. PURCHASE OF PHARMACY BENEFIT MANAGER SERVICES |
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Sec. 2158.401. DEFINITION; APPLICABILITY. (a) In this |
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subchapter, "state agency" means a board, commission, department, |
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office, or other agency in the executive, legislative, or judicial |
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branch of state government that is created by the constitution or a |
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statute of this state, including an institution of higher education |
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as defined by Section 61.003, Education Code. |
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(b) This subchapter applies in relation to a state agency |
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contract or proposed contract for pharmacy benefit manager services |
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without regard to whether the contract or proposed contract is |
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otherwise subject to this subtitle. |
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Sec. 2158.402. REQUIRED DISCLOSURE. (a) A state agency on |
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request of another state agency shall disclose information relating |
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to the amounts charged by a pharmacy benefit manager for pharmacy |
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benefit manager services provided under a prescription drug program |
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and other requested pricing information related to a contract for |
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pharmacy benefit manager services. A state agency shall provide |
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information requested under this section not later than the 30th |
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day after the date the information is requested. |
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(b) Subsection (a) does not require a state agency to |
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disclose information the agency is specifically prohibited from |
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disclosing under a contract with a pharmacy benefit manager |
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executed before September 1, 2009. |
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(c) A contract entered, amended, or extended on or after |
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September 1, 2009, may not contain a provision that prohibits a |
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state agency from disclosing under this subchapter information on |
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the amounts charged by a pharmacy benefit manager for pharmacy |
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benefit manager services provided under a prescription drug program |
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or from disclosing under this subchapter other pricing information |
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related to the contract. |
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Sec. 2158.403. CONFIDENTIALITY. The information received |
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by a state agency under Section 2158.402 is confidential. The state |
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agency that receives the information shall maintain the |
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confidentiality of the information by ensuring that only officers, |
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employees, and agents of the state agency who have a need to know |
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the information have access to the information. The information |
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may not be disclosed to a person outside of the state agency and its |
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agents. |
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SECTION 2. This Act takes effect September 1, 2009. |