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  85R10406 BEE-F
 
  By: Schwertner S.B. No. 1076
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to amounts charged to an enrollee in a health benefit plan
  for prescription drugs covered by the plan.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1369.001, Insurance Code, is amended by
  adding Subdivision (2-a) to read as follows:
               (2-a)  "Enrollee" means an individual who is covered
  under a health benefit plan, including a covered dependent.
         SECTION 2.  Subchapter A, Chapter 1369, Insurance Code, is
  amended by adding Section 1369.0041 to read as follows:
         Sec. 1369.0041.  LIMIT ON PAYMENT REQUIRED UNDER PLAN. A
  health benefit plan that covers prescription drugs may not include
  a provision that requires an enrollee to make a payment for a
  prescription drug at the point of sale in an amount greater than an
  amount that the pharmacist or pharmacy providing the prescription
  drug may retain from:
               (1)  the health benefit plan issuer; or
               (2)  the health benefit plan issuer's pharmacy benefit
  manager.
         SECTION 3.  Section 1369.0041, Insurance Code, as added by
  this Act, applies only to a health benefit plan that is delivered,
  issued for delivery, or renewed on or after January 1, 2018. A plan
  delivered, issued for delivery, or renewed before January 1, 2018,
  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, 2017.