The Texas Senate passed a pharmacy benefit manager (PBM) reform legislation last week that is awaiting Governor Greg Abbott’s approval. The House Bill 1763 was created by Representative Tom Oliverson and sponsored by Senator Bryan Hughes, who received a unanimous vote by the Senate of 30-0. House Bill 1763 has already passed the Texas House on April 27. 2021 by another unanimous vote of 147-0. Now, Governor Abbott has ten days to decide whether to sign the bill, veto it, or allow the bill to become law without a signature.
House Bill 1763 is a piece of legislation that reflects a deep understanding by the Texas Legislature about the multitude of challenges facing independent pharmacies (and the tactics used by PBMs) in the state of Texas.
Some of the highlights of House Bill 1763 include:
- Prohibition on retaliation by a pharmacy benefit manager (PBM) against pharmacies invoking their legal rights against PBMs.
- Prohibitions on PBMs reimbursing affiliated pharmacies more than the amount reimbursed to non-affiliated pharmacies for the same services.
- Restrictions on retroactive claims reductions (including DIR fees)
- Allowing retail pharmacies to mail and deliver prescriptions if requested by the patient.
Texas joins numerous other states that have recently enacted new legislation aimed at reasonable regulations of PBMs.
To read House Bill 1763 click the link below: https://capitol.texas.gov/tlodocs/87R/billtext/html/HB01763S.htm