82R10208 SJM-D

By: Brown H.B. No. 3678

A BILL TO BE ENTITLED

AN ACT

relating to implementation of certain cost-saving measures for the Medicaid vendor drug program and child health plan program prescription drug benefits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.0695 to read as follows:

Sec. 531.0695. COST-SAVING MEASURES FOR PRESCRIPTION DRUGS. The commission shall implement:

(1) uniform limits on prescription drugs provided to a Medicaid recipient, regardless of whether the recipient receives benefits under a fee-for-service model or a managed care model, including the primary care case management model;

(2) cost-containment strategies to:

(A) manage prescription drug benefits under the Medicaid program and the child health plan program; and

(B) where possible, shift from brand name prescription drug use to generic prescription drug use to achieve a four percent or greater increase in generic prescription drugs, and a corresponding decrease in brand name prescription drugs, under the Medicaid and child health plan programs, as compared to the state fiscal year ending August 31, 2011; and

(3) program changes to obtain all available pharmaceutical manufacturer rebates for prescription drugs paid for under the Medicaid and child health plan programs.

SECTION 2. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTION 3. This Act takes effect September 1, 2011.