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A BILL TO BE ENTITLED
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AN ACT
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relating to the relationship between a pharmacy benefit manager and |
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a pharmacist or pharmacy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter M, Chapter 1369, Insurance Code, is |
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amended by adding Section 1369.6045 to read as follows: |
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Sec. 1369.6045. AFFILIATED PHARMACISTS AND PHARMACIES |
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PROHIBITED. A pharmacy benefit manager may not directly, or |
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indirectly through one or more intermediaries, control or be under |
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common control with a pharmacist or pharmacy in this state. |
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SECTION 2. Subchapter D, Chapter 4151, Insurance Code, is |
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amended by adding Section 4151.155 to read as follows: |
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Sec. 4151.155. COMPTROLLER REPORT. Not later than |
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September 1 of each even-numbered year, the comptroller shall |
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prepare and submit a written report to the legislature that |
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contains an assessment of and recommendations regarding the impact |
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of pharmacy benefit manager regulation and affiliation in this |
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state on: |
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(1) independent pharmacies; |
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(2) rural pharmacies; |
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(3) prescription drug prices; |
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(4) patient access to prescription drugs; and |
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(5) competition in the pharmacy market. |
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SECTION 3. Effective January 1, 2027, Subchapter B, Chapter |
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565, Occupations Code, is amended by adding Section 565.05912 to |
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read as follows: |
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Sec. 565.05912. REVOCATION OR REFUSAL TO RENEW FOR |
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AFFILIATION WITH PHARMACY BENEFIT MANAGER. The board shall revoke |
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or refuse to renew a pharmacy license under Chapter 560 or a license |
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to practice pharmacy under Chapter 558 if the holder of the license |
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is affiliated with a pharmacy benefit manager in violation of |
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Section 1369.6045, Insurance Code. |
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SECTION 4. Effective January 1, 2027, Section 1369.604, |
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Insurance Code, is repealed. |
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SECTION 5. (a) Subject to Subsection (b) of this section, |
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the change in law made by this Act applies to an affiliation between |
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a pharmacy benefit manager and a pharmacist or pharmacy acquired |
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before, on, or after the effective date of this Act. |
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(b) Section 1360.6045, Insurance Code, as added by this Act, |
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does not prohibit the continuation until January 1, 2027, of an |
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affiliation between a pharmacy benefit manager and a pharmacist or |
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pharmacy that existed immediately before the effective date of this |
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Act. A pharmacy benefit manager or pharmacist or pharmacy subject |
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to Section 1369.6045, Insurance Code, as added by this Act, shall |
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divest all affiliated interests as necessary to comply with that |
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section not later than January 1, 2027. |
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SECTION 6. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2025. |