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Amend CSSB 827 (senate committee report) as follows:
(1) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.0721 to read as follows:
Sec. 531.0721. WRITTEN VERIFICATION REQUIRED FOR BRAND NAME INSULIN DRUG MANUFACTURER. (a) In this section, "manufacturer" has the meaning assigned by Section 531.070.
(b) The manufacturer of a brand name insulin prescription drug for which a generic prescription drug is not available and that is included in the vendor drug program formulary must submit to the commission a written verification stating whether or not the unavailability of the generic prescription drug is the result, wholly or partly, of:
(1) a scheme by the manufacturer to pay a generic prescription drug manufacturer to delay marketing the generic drug;
(2) a legal or business strategy to extend the life of a patent on the brand name prescription drug;
(3) the manufacturer directly manipulating a patent on the brand name prescription drug; or
(4) the manufacturer facilitating an action described by Subdivisions (1)-(3) on behalf of another entity.
(c) The executive commissioner shall adopt rules prescribing the form and manner for submission of the written verification required under Subsection (b).
(2) Strike SECTION 3 of the bill providing for the effective date of the bill (page 2, line 49) and substitute the following:
SECTION 3. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2021.
(b) Section 531.0721, Government Code, as added by this Act, takes effect September 1, 2022.