By: Nelson S.B. No. 888
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to establishing a pill splitting program to reduce health
  plan costs for certain public employees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 1551, Insurance Code, is
  amended by adding Section 1551.225 to read as follows:
         Sec. 1551.225.  ESTABLISHMENT OF PILL SPLITTING PROGRAM.  
  (a)  In this section:
               (1)  "Eligible prescription pill" means a prescription
  medication delivered in pill form that is appropriate for
  splitting, as determined under Subsection (c), and is listed on the
  applicable drug formulary, if any, described by Section 1551.218.
               (2)  "Pill splitting" means dividing an eligible
  prescription pill to obtain a prescribed dose.
         (b)  The board of trustees by rule shall design and establish
  a voluntary pill splitting program. The pill splitting program
  must:
               (1)  include a copayment reduction incentive for
  individuals covered by the group benefits program who participate
  in the pill splitting program; and
               (2)  require an individual who participates in the pill
  splitting program to:
                     (A)  obtain a prescription for an eligible
  prescription pill authorizing pill splitting from the prescribing
  physician before participating; and
                     (B)  personally split the eligible prescription
  pill.
         (c)  With the assistance of the advisory committee
  established under Section 554.0055, Occupations Code, the board of
  trustees shall:
               (1)  establish a list of eligible prescription pills;
               (2)  periodically update the list of eligible
  prescription pills; and
               (3)  make the list of eligible prescription pills
  available to all persons covered by a health benefit plan under the
  group benefits program.
         (d)  The board of trustees shall report at least annually to
  the Legislative Budget Board and the governor on the design of the
  pill splitting program, the medications included on the list of
  eligible prescription pills, participation in the program, and cost
  savings resulting from the program.
         SECTION 2.  Subchapter D, Chapter 1575, Insurance Code, is
  amended by adding Section 1575.171 to read as follows:
         Sec. 1575.171.  ESTABLISHMENT OF PILL SPLITTING PROGRAM.
  (a)  In this section:
               (1)  "Eligible prescription pill" means a prescription
  medication delivered in pill form that is appropriate for
  splitting, as determined under Subsection (c), and is listed on the
  applicable drug formulary, if any, described by Section 1575.170.
               (2)  "Pill splitting" means dividing an eligible
  prescription pill to obtain a prescribed dose.
         (b)  The trustee by rule shall design and establish a
  voluntary pill splitting program. The pill splitting program must:
               (1)  include a copayment reduction incentive for
  individuals covered by the group program who participate in the
  pill splitting program; and
               (2)  require an individual who participates in the pill
  splitting program to:
                     (A)  obtain a prescription for an eligible
  prescription pill authorizing pill splitting from the prescribing
  physician before participating; and
                     (B)  personally split the eligible prescription
  pill.
         (c)  With the assistance of the advisory committee
  established under Section 554.0055, Occupations Code, the trustee
  shall:
               (1)  establish a list of eligible prescription pills;
               (2)  periodically update the list of eligible
  prescription pills; and
               (3)  make the list of eligible prescription pills
  available to all persons covered by a health benefit plan under the
  group program.
         (d)  The trustee shall report at least annually to the
  Legislative Budget Board and the governor on the design of the pill
  splitting program, medications included on the list of eligible
  prescription pills, participation in the program, and cost savings
  resulting from the program.
         SECTION 3.  Subchapter C, Chapter 1579, Insurance Code, is
  amended by adding Section 1579.109 to read as follows:
         Sec. 1579.109.  ESTABLISHMENT OF PILL SPLITTING PROGRAM.  
  (a)  In this section:
               (1)  "Eligible prescription pill" means a prescription
  medication delivered in pill form that is appropriate for
  splitting, as determined under Subsection (c), and is listed on the
  applicable drug formulary, if any, described by Section 1579.106.
               (2)  "Pill splitting" means dividing an eligible
  prescription pill to obtain a prescribed dose.
         (b)  The trustee by rule shall design and establish a
  voluntary pill splitting program. The pill splitting program must:
               (1)  include a copayment reduction incentive for
  individuals covered by a health coverage plan under this subchapter
  who participate in the pill splitting program; and
               (2)  require an individual who participates in the pill
  splitting program to:
                     (A)  obtain a prescription for an eligible
  prescription pill authorizing pill splitting from the prescribing
  physician before participating; and
                     (B)  personally split the eligible prescription
  pill.
         (c)  With the assistance of the advisory committee
  established under Section 554.0055, Occupations Code, the trustee
  shall:
               (1)  establish a list of eligible prescription pills;
               (2)  periodically update the list of eligible
  prescription pills; and
               (3)  make the list of eligible prescription pills
  available to all persons covered by a health coverage plan under the
  uniform group coverage program.
         (d)  The trustee shall report at least annually to the
  Legislative Budget Board and the governor on the design of the pill
  splitting program, medications included in the list of eligible
  prescription pills, participation in the program, and cost savings
  resulting from the program.
         SECTION 4.  Subchapter C, Chapter 1601, Insurance Code, is
  amended by adding Section 1601.111 to read as follows:
         Sec. 1601.111.  ESTABLISHMENT OF PILL SPLITTING PROGRAM.  
  (a)  In this section:
               (1)  "Eligible prescription pill" means a prescription
  medication delivered in pill form that is appropriate for
  splitting, as determined under Subsection (c), and is listed on the
  applicable drug formulary, if any, established for group health
  benefit coverage under a uniform program.
               (2)  "Pill splitting" means dividing an eligible
  prescription pill to obtain a prescribed dose.
         (b)  Each system by rule shall design and establish a
  voluntary pill splitting program. The pill splitting program must:
               (1)  include a copayment reduction incentive for
  individuals covered by a health benefit plan provided under this
  chapter who participate in the program; and
               (2)  require an individual who participates in the
  program to:
                     (A)  obtain a prescription for an eligible
  prescription pill authorizing pill splitting from the prescribing
  physician before participating; and
                     (B)  personally split the eligible prescription
  pill.
         (c)  With the assistance of the advisory committee
  established under Section 554.0055, Occupations Code, a system
  shall:
               (1)  establish a list of eligible prescription pills;
               (2)  periodically update the list of eligible
  prescription pills; and
               (3)  make the list of eligible prescription pills
  available to all persons covered by a health benefit plan under a
  uniform program.
         (d)  Each system shall report at least annually to the
  Legislative Budget Board and the governor on the design of the pill
  splitting program, medications included in the list of eligible
  prescription pills, participation in the program, and cost savings
  resulting from the program.
         SECTION 5.  The initial reports required by Sections
  1551.225(d), 1575.171(d), 1579.109(d), and 1601.111(d), Insurance
  Code, as added by this Act, are due not later than September 1,
  2011.
         SECTION 6.  Subchapter A, Chapter 554, Occupations Code, is
  amended by adding Section 554.0055 to read as follows:
         Sec. 554.0055.  PILL SPLITTING ADVISORY COMMITTEE. (a)  The
  board shall establish an advisory committee to recommend to a
  governing body under Chapter 1551, 1575, 1579, or 1601, Insurance
  Code, prescription pills that are appropriate for splitting and
  would not be chemically destabilized or rendered therapeutically
  ineffective if split.
         (b)  The advisory committee shall consist of:
               (1)  a pharmacist member of the board who serves as
  presiding officer of the advisory committee;
               (2)  two community pharmacists;
               (3)  two health system pharmacists; and
               (4)  two physicians.
         (c)  The advisory committee shall develop and make available
  for distribution to program participants under Chapter 1551, 1575,
  1579, or 1601, Insurance Code, educational materials that must
  include:
               (1)  plain-language instruction about safely and
  effectively splitting an eligible prescription pill; and
               (2)  information about:
                     (A)  pills that are eligible for splitting;
                     (B)  characteristics of an individual suited to
  participate in a pill splitting program; and
                     (C)  ways to enroll and participate in a pill
  splitting program.
         (d)  Section 2110.008, Government Code, does not apply to the
  advisory committee.
         SECTION 7.  The changes in law made by this Act apply only to
  health benefit plans provided under Chapters 1551, 1575, 1579, and
  1601, Insurance Code, beginning with the 2009-2010 plan year. A
  plan year before 2009-2010 is governed by the law as it existed
  immediately before September 1, 2009, and that law is continued in
  effect for that purpose.
         SECTION 8.  This Act takes effect immediately if it receives
  a vote of two-thirds of all 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.