| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the closed formulary for workers' compensation |
|
|
pharmaceutical benefits. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 408.028(b), Labor Code, is amended to |
|
|
read as follows: |
|
|
(b) The commissioner by rule shall require the use of |
|
|
generic pharmaceutical medications and clinically appropriate |
|
|
over-the-counter alternatives to prescription medications unless |
|
|
otherwise specified by the prescribing doctor, in accordance with |
|
|
applicable state law. The commissioner by rule shall adopt a |
|
|
closed formulary under Section 413.011. Rules adopted by the |
|
|
commissioner: |
|
|
(1) shall allow an appeals process for claims in which |
|
|
a treating doctor determines and documents that a drug not included |
|
|
in the formulary is necessary to treat an injured employee's |
|
|
compensable injury; and |
|
|
(2) may exclude compounded pharmaceutical medications |
|
|
from the closed formulary. |
|
|
SECTION 2. This Act takes effect September 1, 2017. |