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