Rep. Tom Oliverson (R) filed HB 4533, a Medicaid managed care organization rate floor bill for retail and specialty pharmacies.

Also in Texas, Rep. James Frank (R) filed HB 4051, a test-and-treat bill for flu, strep, COVID and minor, uncomplicated infections. The bill also includes provisions for doctor dispensing.

Also in Texas, last week, the Texas Pharmacy Association and the Texas Pharmacy Business Council testified in support of SB 1122 at the Senate Health and Human Services Committee. This legislation codifies Attorney General Ken Paxton’s February 5, 2025, opinion letter regarding the enforceability of existing laws against health benefit plans and PBMs administering the pharmacy benefits on behalf of an ERISA plan in certain circumstances that do not dictate plan choice or add requirements to a beneficiary’s status. The Texas Association of Business and the National Federation of Independent Business (NFIB) testified in opposition to SB 1122, falsely claiming that it would impose costs to employer-sponsored ERISA health plans of over $5 billion over the next decade. Since Texas is business-friendly, several Senators expressed concerns about rising costs to small businesses. The bill was left pending in the Senate Health and Human Services Committee.

Finally in Texas, Gov. Greg Abbott (R) notified state agencies to transition remote workers back to the office to ensure the efficient use of taxpayer dollars and that state agencies remain engaged and effective in serving the public.

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

The Department of State Health Services (DSHS) briefed health partners on the measles outbreak throughout Texas. DSHS is posting updates on Tuesdays and Fridays when there are new cases to report. 

Also in Texas, the Health and Human Services Commission (HHSC) issued an updated Pharmacy Provider Procedure Manual.  

Also in Texas, Gov. Greg Abbott (R) appointed Heisha Freeman as a public member to the Board of Pharmacy, replacing Garrett Marquis who resigned. Freeman's term will expire on August 31, 2029.  

Finally in Texas, March 14 marks the 60th day of the 89th Regular Legislature Session, and the deadline for House and Senate members to file a bill.  

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

NACDS issued a press release acknowledging the favorable opinion (KP-0408) released by Texas Attorney General Ken Paxton (R) on February 5, 2024. This opinion addresses the enforceability of two laws passed in 2021 against health benefit insurers and PBMs. Paxton’s opinion clarifies how HB 1763 and HB 1919 regulate certain contracts between ERISA issuers, their PBMs, and pharmacies. It also addresses steering practices concerning affiliated pharmacies, clarifying that ERISA does not preempt HB 1763 and HB 1919, as these laws do not dictate plan choices or add requirements to a beneficiary’s status. At the request of pharmacy groups, State Senator Charles Schwertner (R), a physician and pharmacist who chairs the Senate Business and Commerce Committee, sent a letter to the Attorney General requesting this opinion.

Also in Texas, Speaker Dustin Burrows (R) finally posted the new chairs and the House Committee membership lists on February 13, 2025.

Also in Texas, Sen. Bryan Hughes, and Rep. Cody Harris (R), two champions of PBM reforms, filed identical bills, SB 1354 and HB 2978 will establish a rate floor for the commercial market.

Also in Texas, Sen. Bryan Hughes also filed SB 1236, PBM reform legislation that addresses clawbacks, establishes audit guardrails, and would prohibit a health plan or PBM from denying or reducing a claim payment to a pharmacy or pharmacist after adjudication under certain circumstances. The bill also protects patient choice to pharmacies by ensuring that pharmacies have a voice in their network and contract discussions.

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

Gov. Greg Abbott (R) delivered his state-of-the-state address online on February 2.  

Also in Texas, the Board of Pharmacy approved proposed rules removing the ratio of pharmacists to pharmacy technicians in a central fill facility.  

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

The House of Representatives, under the new leadership of Speaker Dustin Burrows (R), established new rules stating that House committees’ chairmanships will be held by the majority party – Republicans, and the vice chairs will be held by the minority party – Democrats.

Also in Texas, the agenda for the February 4, 2025, Board of Pharmacy meeting is now available. For those note able to attend, the meeting will be Live Streamed.

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

Several bills of interest to pharmacies have been filed. 

• SB 254 by Sen. Pete Flores (R) allows pharmacists to order and administer immunizations and vaccinations to patients ages three years and older, and to those younger than three years of age, if referred by a physician. It also gives pharmacist's authority to delegate vaccine administration to a certified pharmacy technician.  

• SB 398 by Sen. Kevin Sparks (R) allows a pharmacy technician of a pharmacist's authority to administer an immunization or vaccine under the supervision of a pharmacist. 

• SB 623 by Sen. Charles Schwertner (R) gives the pharmacists the right to determine if a vaccine, including a COVID vaccine, should be administered to a patient. 

Also in Texas, the Health and Human Services Commission's (HHSC) Medicaid Vendor Drug Program (VDP) met with pharmacy stakeholders on January 22. The agenda included updates on the timeline on implementing legislation passed in 2023, and the progress on several pending projects, including adult vaccinations and adding non-drug like Continuous Glucose Monitors (CGM) to the Medicaid formulary. 

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

The Board of Pharmacy posted the rules adopted at the November 5 quarterly board meeting.

For more information, contact NACDS’ Sandra Guckian at 703-774-4801.

While the 89th legislature will convene at Noon on January 14, 2025, lawmakers have already begun prefiling bills this week. Several bills of interest to pharmacies include:

• Pete Flores (R) re-filed legislation (SB 254) that would allow pharmacists independent authority to order and administer immunizations to anyone three years of age and older without a prescription order.
• John Bucy (D) re-filed clean-up legislation (HB 632) on dispensing emergency insulin.
• Donna Howard (D) re-filed a bill (HB 845) that would allow pharmacists under a written protocol to furnish treatment without a prescription to a patient after a positive CLIA flu or strep test.
• Matt Shaheen (R) re-filed legislation (HB 1027) removing restrictions on operating telepharmacies.

Also in Texas, the House Republican Caucus is scheduled to meet December 7, 2024, to endorse a candidate for Speaker.

Also in Texas, the Department of State Health Services (DSHS) Diabetes Prevention and Control Program updated materials, including two diabetes educational brochures — Could You Have Diabetes? and Could You Have Prediabetes? These brochures provide information regarding diabetes and prediabetes risk factors and symptoms, helping individuals determine their risk.

Finally in Texas, at the Drug Utilization Review Board’s late October meeting, the board recommended clinical prior authorizations, changes to the preferred drug list and retrospective drug utilization criteria. The next quarterly meeting will be held on January 31, 2025.

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

The Health and Human Services Commission (HHSC) posted the biannual specialty drug list. 

Also in Texas, the Department of State Health Services (DSHS) combined the individual weekly influenza, respiratory syncytial virus (RSV) and COVID-19 surveillance reports into one report called the Texas Respiratory Virus Surveillance Report. A new Respiratory Illness Interactive Dashboard contains respiratory illness data including emergency department visits, hospitalizations and deaths associated with flu, RSV and COVID-19.  

Also in Texas, the DSHS offers an Immunization Toolkit with educational resources to help Texans understand the importance of protecting themselves and others with the flu vaccine.  

Also in Texas, the quarterly meeting of the Board of Pharmacy will be on November 5. The Board posted the agenda and will livestream the meeting.  

Finally in Texas, the Board of Pharmacy posted the October newsletter. 

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