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A BILL TO BE ENTITLED
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AN ACT
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relating to certain rebates and incentives for the purchase of |
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certain drugs; providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 1369, Insurance Code, is |
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amended by adding Section 1369.006 to read as follows: |
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Sec. 1369.006. REBATES AND INCENTIVES PROHIBITED; |
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PENALTIES. (a) A person that manufactures a drug that is or may be |
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covered by a health benefit plan subject to this subchapter may not |
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offer or provide consideration, including a discount, rebate, or |
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product voucher, to reduce, directly or indirectly, a covered |
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person's out-of-pocket expense for the order, dispensing, |
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substitution, sale, or purchase of the drug. |
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(b) A person who intentionally, knowingly, or recklessly |
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violates Subsection (a) is liable for a civil penalty, recoverable |
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by a civil action brought by the attorney general, in an amount not |
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to exceed $10,000 for each violation. |
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(c) A civil penalty authorized by this section is in |
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addition to any other civil, administrative, or criminal remedy |
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provided by law. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to a violation committed on or after the effective date of this |
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Act. For purposes of this section, a violation is committed before |
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the effective date of this Act if any element of the violation |
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occurs before that date. |
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(b) A violation committed before the effective date of this |
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Act is covered by the law in effect immediately before the effective |
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date of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |