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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer or sale of patient information or |
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prescription drug history by discount health care programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivisions (3) and (4), Section 76.001, Health |
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and Safety Code, are amended to read as follows: |
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(3) "Discount health care program" means a business |
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arrangement or contract in which an entity, in exchange for fees, |
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dues, charges, or other consideration, offers its members access to |
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discounts on health care services provided by health care |
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providers. The term does not include an insurance policy, |
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certificate of coverage, or other product regulated by the Texas |
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Department of Insurance or a self-funded or self-insured employee |
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benefit plan. For purposes of this subsection, consideration |
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includes patient information or patient prescription drug history |
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provided by members, if the entity engages in the transfer or sale |
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of such patient information, patient prescription drug history, or |
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drug manufacturer rebates. |
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(4) "Discount health care program operator" means a |
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person who, in exchange for fees, dues, charges, or other |
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consideration, operates a discount health care program and |
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contracts with providers, provider networks, or other discount |
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health care program operators to offer access to health care |
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services at a discount and determines the charge to members. For |
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purposes of this subsection, consideration includes patient |
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information or patient prescription drug history provided by |
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members, if the person engages in the transfer or sale of such |
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patient information, patient prescription drug history, or drug |
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manufacturer rebates. |
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SECTION 2. Section 76.053, Health and Safety Code, is |
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amended by adding Subsection (a-1) and amending Subsection (b) to |
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read as follows: |
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(a-1) If a program operator engages in the transfer or sale |
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of a member's patient information or patient prescription drug |
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history, the program operator shall, before enrollment, provide |
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each prospective member disclosure materials describing the |
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program operator's practices regarding such transfer or sale. |
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(b) A marketer shall use disclosure materials that comply |
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with this section [Subsection (a)]. |
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SECTION 3. This Act takes effect September 1, 2009. |