87(R) HB 2981 - Introduced version - Bill Text

	87R12454 SCL-F
	By:  Oliverson	H.B.  No.  2981

	A BILL TO BE ENTITLED
	AN ACT
	relating to establishment of the prescription drug savings program
	for certain uninsured individuals.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    This Act shall be known as the "Texas Cares Act."
	SECTION  2.    Subtitle C, Title 2, Health and Safety Code, is
	amended by adding Chapter 65 to read as follows:
	CHAPTER 65. PRESCRIPTION DRUG SAVINGS PROGRAM FOR CERTAIN
	UNINSURED INDIVIDUALS
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec.  65.001.    DEFINITIONS. In this chapter:
	(1)    "Account" means the Texas cares account
	established under Section 65.101.
	(2)    "Enrollee" means an individual enrolled in the
	program.
	(3)    "Pharmacy benefit manager" means a person, other
	than a pharmacy or pharmacist, who acts as an administrator in
	connection with prescription drug discounts provided under the
	program.
	(4)    "Program" means the prescription drug savings
	program established under this chapter.
	(5)    "Uninsured individual" means an individual
	without health benefit plan coverage for a prescription drug
	benefit.
	Sec.  65.002.    CONSTRUCTION OF CHAPTER; PURPOSE. (a) This
	chapter does not establish an entitlement to assistance in
	obtaining benefits for uninsured individuals.
	(b)    The purpose of this chapter is to make this state's risk
	pool whole by providing services to uninsured individuals without
	access to prescription drug benefits.
	Sec.  65.003.    CONFLICT WITH FEDERAL LAW; REPORT. (a) The
	executive commissioner shall monitor federal law affecting the
	administration or facilitation of a prescription drug savings
	program.
	(b)    If the executive commissioner determines that a federal
	law, rule, or regulation conflicts with this chapter, the executive
	commissioner shall provide a written report of the conflict to the
	governor, lieutenant governor, and speaker of the house of
	representatives. The report must include recommendations for
	legislation necessary to comply with federal law or recommendations
	for dissolution of a program established by this chapter that is
	duplicative of federal law.
	Sec.  65.004.    RULES. (a) Except as provided by Subsection
	(b), the executive commissioner shall adopt rules as necessary to
	implement this chapter.
	(b)    The executive commissioner may delegate rulemaking to
	another state agency with that agency's approval. If the executive
	commissioner delegates rulemaking under this subsection, the
	executive commissioner must approve the proposed rules of the
	delegated agency before the delegated agency adopts the rules.
	SUBCHAPTER B. ESTABLISHMENT AND ADMINISTRATION OF PRESCRIPTION
	DRUG SAVINGS PROGRAM
	Sec.  65.051.    ESTABLISHMENT OF PROGRAM. (a) The commission
	shall develop and design a prescription drug savings program that
	partners with a pharmacy benefit manager to make prescription drugs
	available at a discounted rate to uninsured individuals.
	(b)    In developing and implementing the program, the
	commission shall ensure that program benefits do not include
	prescription drugs to be used for the elective termination of a
	pregnancy.
	(c)    The executive commissioner shall ensure that the
	program is designed in a manner that provides the greatest possible
	value to the uninsured individuals it serves, with considerations
	given to the adequacy of the prescription drug formulary, costs of
	drugs, cost to the state, and other important factors.
	Sec.  65.052.    GENERAL DUTIES OF COMMISSION RELATED TO
	PROGRAM. (a) The commission shall oversee the implementation of
	the program and coordinate the activities of each state agency
	necessary for the implementation of the program, including the
	Texas Department of Insurance.
	(b)    The commission shall maximize the use of private
	resources in administering the program.
	(c)    The commission shall ensure that money spent
	administering the program does not exceed a limit on program
	expenditures imposed by the legislature.
	(d)    The commission shall develop a method to accept