88R1053 SCL-F
 
  By: Oliverson H.B. No. 2021
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to applicability of certain insurance laws to pharmacy
  benefit managers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 4151, Insurance Code, is
  amended by adding Section 4151.155 to read as follows:
         Sec. 4151.155.  APPLICABILITY OF CERTAIN LAWS TO PHARMACY
  BENEFIT MANAGERS. (a)  Except as provided by this section, a
  pharmacy benefit manager must comply with the provisions of Chapter
  1369 with respect to each plan administered by the pharmacy benefit
  manager, regardless of whether a provision of that chapter is
  specifically made applicable to the plan.
         (b)  A pharmacy benefit manager is not required to comply
  with a provision of Chapter 1369:
               (1)  with respect to a plan expressly excluded from the
  applicability of the provision; or
               (2)  to the extent that the commissioner determines
  that the nature of third-party administrators renders the provision
  inapplicable to pharmacy benefit managers.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the commissioner of insurance shall repeal all rules
  that are inconsistent with Section 4151.155, Insurance Code, as
  added by this Act.
         SECTION 3.  Section 4151.155, Insurance Code, as added by
  this Act, applies only to a health benefit plan that is delivered,
  issued for delivery, or renewed on or after January 1, 2024.
         SECTION 4.  This Act takes effect September 1, 2023.