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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited discriminatory practices by pharmaceutical |
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drug manufacturers against patient assistance program applicants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 441, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 441. DRUG COST TRANSPARENCY AND AFFORDABILITY |
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SECTION 2. Section 441.0001, Health and Safety Code, is |
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amended by amending Subdivision (1) and adding Subdivisions (1-a) |
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and (1-b) to read as follows: |
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(1) "Advocacy service" means a health care provider |
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or other person who, on behalf of health benefit plan sponsors, |
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administrators, or pharmacy benefit managers, assists patients |
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with enrolling in patient assistance programs. The term does not |
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include a health benefit plan issuer. |
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(1-a) "Animal health product" means a medical product |
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approved and licensed for use in animal or veterinary medicine, |
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including a pharmaceutical, a biologic, an insecticide, and a |
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parasiticide. |
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(1-b) "Patient assistance program" means a program, |
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grant, scholarship, or foundation that provides to a patient |
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financial assistance, health benefit plan premium support, |
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drug-free products or services, or services associated with the |
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safe use and administration of a drug. |
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SECTION 3. Chapter 441, Health and Safety Code, is amended |
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by adding Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. PATIENT ASSISTANCE PROGRAMS |
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Sec. 441.0071. PROHIBITED PRACTICES BY PHARMACEUTICAL DRUG |
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MANUFACTURER. A pharmaceutical drug manufacturer may not reject a |
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patient's application for the manufacturer's patient assistance |
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program based on the patient's: |
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(1) race, color, national origin, sex, age, or |
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disability; |
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(2) use of an advocacy service in the application |
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process; or |
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(3) benefits and coverage under a health benefit plan. |
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SECTION 4. This Act takes effect September 1, 2023. |