House Bill No. 5102 amends the Texas Insurance Code to clarify the applicability of certain prescription drug insurance laws to health benefit plans and pharmacy benefit managers. The bill introduces a new section, 1369.5515, which mandates that pharmacy benefit managers must comply with the provisions of the subchapter for each health benefit plan they administer, regardless of whether specific provisions are applicable to the plan. It also states that this subchapter applies to health benefit plans provided to Texas residents, irrespective of where the plan is delivered or renewed. Similar provisions are added to Section 1369.602, reinforcing the compliance requirements for pharmacy benefit managers.

Additionally, the bill requires the commissioner of insurance to repeal any inconsistent rules following the enactment of this law. The changes will only apply to health benefit plans that are delivered, issued for delivery, or renewed on or after January 1, 2026, while plans renewed before this date will continue to be governed by the previous law. The act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Insurance Code 1369.602 (Insurance Code 1369)