Prior to the legislature adjourning its biennial regular session on May 31, the legislature approved two bills NACDS supported relating to the contractual relationship between a pharmacist or pharmacy and a Health Benefit Plan Issuer or Pharmacy Benefit Manager.

• HB 1763 by Rep. Tom Oliverson (R) regulates the contractual relationships between a pharmacist or pharmacy and a health plan or PBM. NACDS supported the following provisions of H.B. 1763:
  • Provisions that helped ensure that Texas pharmacies may be fairly and properly reimbursed for the prescription medications they provide and associated pharmacy services such as preventive treatments, immunizations, and helping patients access and take their medications accurately and safely;
  • Provisions that required equal access to all network pharmacies and should help all Texans continue to receive care from the pharmacy of their choice;
  • Provisions that required the terms of pharmacy contracts be clearly defined, especially concerning drug pricing and prohibiting the claw back of pharmacy reimbursement after a claim has been adjudicated at the point of sale.

NACDS submitted a letter urging Gov. Greg Abbott (R)to sign the bill, which he did on May 26 with an effective date of September 1, 2021.

• HB 1919 by Rep. Cody Harris (R) will help maintain patients’ right to choose a pharmacy provider by prohibiting health benefit plans and pharmacy benefit managers from “steering” or otherwise directing patients to use any particular in-network pharmacy provider over another. This bill helps ensure that patients are not penalized for choosing the pharmacy provider that best suits their individual needs. NACDS submitted a letter urging Gov. Abbott to sign the bill into law before the June 20^th

Also in Texas, unfortunately, three bills NACDS supported died.

• HB 678 by Rep. Phil Cortez (D) would have removed the existing administrative barriers requiring a prescription for influenza vaccines given to patients younger than 7 years of age and for any other vaccine given to patients younger than 14 years of age. This legislation proposed to align Texas requirements for vaccines given to younger people with the U.S. Department of Health and Human Services’ declaration under the Public Readiness and Emergency Preparedness Act that “authorizes state-licensed pharmacists to order and administer vaccines to individuals ages three through 18 years.” It passed the House by a vote of 139-7 but died in the Senate; and
• HB 2049 by Rep. Donna Howard (D) would have allowed pharmacists to furnish medications according to the result of a positive Clinical Laboratory Improvement Amendments (CLIA)-waived test for acute conditions such as flu and strep throat passed the House Public Health Committee but failed to be set on the House Calendar.
• HB 2346 by Stephanie Klick clarifying the law that stops the Health and Human Service Commission’s Vendor Drug Program (Medicaid) from proceeding with recent guidance to pharmacies to include discount card and membership program pricing in their calculations for Medicaid reimbursement rates died in the House Human Services Committee.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

On May 26, Gov. Abbott signed HB1763 into law which becomes effective September 1, 2021. NACDS applauds Gov. Abbott, Sen. Lois Kolkhorst (R), Rep. Tom Oliverson (R), Sen. Bryan Hughes (R), and Rep. Eddie Lucio III (D) for passing this important legislation and look forward to continued collaboration on these efforts that maintain patient access and creates long-term viable reimbursement models in the commercial market.  HB1763 is crucial for the continued viability of retail community pharmacies in Texas by creating PBM reform that prohibits harmful claw backs, requires that all pharmacies be fairly and properly reimbursed, and provides patients with equal access to all network pharmacies by allowing patients to receive care from the pharmacy of their choice.  In a letter of support, NACDS urged Gov. Abbott to sign HB1763 to maintain patient access and help ensure that local Texas pharmacies are properly reimbursed for the prescription medications they provide and associated pharmacy services.

For more information, contact NACDS’ Mary Staples at 817-442-1155.