HB5102 - Relating to applicability of certain prescription drug insurance laws to health benefit plans and pharmacy benefit managers.

  89R1175 SCL-F     By: Bonnen H.B. No. 5102       A BILL TO BE ENTITLED   AN ACT   relating to applicability of certain prescription drug insurance   laws to health benefit plans and pharmacy benefit managers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter L, Chapter 1369, Insurance Code, is   amended by adding Section 1369.5515 to read as follows:           Sec.   1369.5515.     APPLICABILITY OF SUBCHAPTER. (a) Except   as provided by this subsection, a pharmacy benefit manager must   comply with the provisions of this subchapter with respect to each   health benefit plan administered by the pharmacy benefit manager,   regardless of whether a provision of this subchapter is   specifically made applicable to the plan. A pharmacy benefit   manager is not required to comply with a provision of this   subchapter with respect to a plan expressly excluded by this   subchapter from the applicability of the provision.           (b)     This subchapter applies to a health benefit plan   provided to a resident of this state, regardless of whether the   plan, policy, agreement, or contract is delivered, issued for   delivery, or renewed within or outside this state and to the   pharmacy benefit manager for that plan.          SECTION 2.  Section 1369.602, Insurance Code, is amended by   adding Subsections (d) and (e) to read as follows:           (d)     Except as provided by this subsection, a pharmacy   benefit manager must comply with the provisions of this subchapter   with respect to each health benefit plan administered by the   pharmacy benefit manager, regardless of whether a provision of this   subchapter is specifically made applicable to the plan. A pharmacy   benefit manager is not required to comply with a provision of this   subchapter with respect to a plan expressly excluded by this   subchapter from the applicability of the provision.           (e)     This subchapter applies to a health benefit plan   provided to a resident of this state, regardless of whether the   plan, policy, agreement, or contract is delivered, issued for   delivery, or renewed within or outside this state and to the   pharmacy benefit manager for that plan.          SECTION 3.  As soon as practicable after the effective date   of this Act, the commissioner of insurance shall repeal all rules   that are inconsistent with the changes in law made by this Act.          SECTION 4.  The changes in law made by this Act apply only to   a health benefit plan that is delivered, issued for delivery, or   renewed on or after January 1, 2026. A health benefit plan   delivered, issued for delivery, or renewed before January 1, 2026,   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 5.  This Act takes effect September 1, 2025.