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A BILL TO BE ENTITLED
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AN ACT
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relating to examination of pharmacy benefit managers by the |
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commissioner of insurance; authorizing an assessment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 4151, Insurance Code, is amended by |
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adding Subchapter D-1 to read as follows: |
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SUBCHAPTER D-1. EXAMINATION OF PHARMACY BENEFIT MANAGERS |
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Sec. 4151.176. DEFINITIONS. In this subchapter: |
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(1) "Pharmacy benefit manager" has the meaning |
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assigned by Section 4151.151. |
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(2) "Records" has the meaning assigned by Section |
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36.151. |
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Sec. 4151.177. EXAMINATION OF PHARMACY BENEFIT MANAGERS. |
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The commissioner may examine the records of a pharmacy benefit |
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manager to determine compliance with Chapter 1369, this chapter, |
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and other applicable provisions of this code and matters considered |
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necessary by the commissioner by rule to protect the interests of |
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health benefit plan issuers, enrollees, pharmacists, and |
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pharmacies. |
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Sec. 4151.178. EXAMINATION EXPENSES. (a) A pharmacy |
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benefit manager shall pay the cost of the examination authorized by |
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Section 4151.177. The department shall collect an assessment in an |
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amount determined by the commissioner to cover all expenses |
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attributable directly to the examination, including the salaries |
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and expenses of the department employees and all reasonable |
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expenses of the department attributable to the administration of |
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this subchapter. |
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(b) The assessment collected under this section shall be |
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deposited to the credit of the Texas Department of Insurance |
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operating account. |
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Sec. 4151.179. CONFIDENTIALITY. A pharmacy benefit manager |
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may request that the commissioner treat specified records obtained |
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under this subchapter as confidential and excepted from public |
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disclosure under Chapter 552, Government Code, in accordance with |
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Section 552.110, Government Code, or other applicable law. |
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SECTION 2. This Act takes effect September 1, 2021. |