H.B. No. 3028
 
 
 
 
AN ACT
  relating to regulation of certain conduct by discount health care
  program operators, or concerning discount health care programs,
  that relates to prescription drugs or prescription drug benefits;
  authorizing administrative and civil penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 562, Insurance Code, is
  amended by adding Sections 562.055 and 562.056 to read as follows:
         Sec. 562.055.  NETWORK PARTICIPATION REQUIREMENTS.  (a)  It
  is an unfair method of competition or an unfair or deceptive act or
  practice in the business of discount health care programs for a
  discount health care program operator or an affiliate or agent of a
  discount health care program operator to require a pharmacy or
  pharmacist to:
               (1)  participate in a specified provider network as a
  condition of processing a claim for prescription drugs under the
  discount health care program; or
               (2)  participate in, or process claims under, a
  discount health care program as a condition of participation in a
  provider network.
         (b)  A discount health care program operator is not legally
  liable for any act or omission of an agent of the operator in
  violation of Subsection (a).
         Sec. 562.056.  CERTAIN METHODS OF PROMOTIONS.  (a)  It is an
  unfair method of competition or an unfair or deceptive act or
  practice in the business of discount health care programs for a
  discount health care program operator to pay any consideration to a
  health care services provider or employee of a health care services
  provider:
               (1)  to encourage an individual to claim a discount for
  prescription drugs under a discount health care program; or 
               (2)  to include discount health care program
  information on a prescription for a drug or in materials
  accompanying the prescription.
         (b)  It is an unfair method of competition or an unfair or
  deceptive act or practice in the business of discount health care
  programs for a discount health care program operator to provide a
  person with written prescription forms that could reasonably
  mislead an individual to believe that the discount health care
  program is health insurance or provides coverage similar to health
  insurance.
         SECTION 2.  Subchapter D, Chapter 4151, Insurance Code, is
  amended by adding Section 4151.154 to read as follows:
         Sec. 4151.154.  DISCOUNT HEALTH CARE PROGRAMS.  A pharmacy
  benefit manager may not require a pharmacist or pharmacy to:
               (1)  accept or process a claim for prescription drugs
  under a discount health care program as defined by Section 7001.001
  unless the pharmacist or pharmacy agrees in writing to accept or
  process the claim;
               (2)  participate in a specified provider network as a
  condition of processing a claim for prescription drugs under a
  discount health care program; or
               (3)  participate in, or process claims under, a
  discount health care program as a condition of participation in a
  provider network.
         SECTION 3.  (a)  Except as provided by Subsection (b) of this
  section, the changes in law made by this Act apply only to conduct
  that occurs on or after the effective date of this Act. Conduct that
  occurs before the effective date of this Act is governed by the law
  as it existed when the conduct occurred, and the former law is
  continued in effect for that purpose.
         (b)  The changes in law made by this Act apply only to a claim
  filed under a discount health care program on or after the effective
  date of this Act. A claim filed before the effective date of this
  Act is governed by the law as it existed immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 4.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3028 was passed by the House on May
  13, 2015, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3028 was passed by the Senate on May
  22, 2015, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor