Senate Business & Commerce met on April 20 to take up a number of bills. This report covers SB 1225 and SB 2051. A video of the hearing can be found here.

 

This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

SB 1225 (Huffman) – Relating to the authority of a governmental body impacted by a catastrophe to temporarily suspend the requirements of the public information law.

  • Nichols – After Harvey, Texas adopted SB 494 which suspended billing for 7 days
  • Bill clarifies original intent of that law; prevents abuse of the original
  • Suspension once per catastrophe, and one extension may be allowed

 

Shelby Sterling, Texas Public Policy Foundation – For

  • Aims to protect Texas Publication Act
  • Current law allows government entities to file catastrophize notices to AG
  • Up to 14 days suspension per notice
  • During COVID-19 this was abused, and now AG office only allows filing for pre-covid
  • Bill promises to clarify and better align PIA with current law

 

Jaie Avila, WOAI-TV – On

  • Saw many agencies file notices that had never filed before
  • Agencies that were not directly affected were abusing and filing so they did not have to answer to public

SB 1225 left pending

 

SB 2051 (Men̩ndez) РRelating to health benefit plan coverage of prescription drugs for serious mental illnesses

  • Menéndez – Bill discontinues Fail First Policies
  • Requires mental health patients to show proof of failed medicine before so they do not have to be forced to switch, or history of failing drugs
  • CS adds newly diagnosed individuals would have to try the less expensive alternative once; if they fail to respond then they have to be given what had been working
  • Goal is to keep these people stable
  • Nichols – On the CS they can use one time a generic equivalent?
    • When newly diagnosed, you could be obligated to try it once
    • After a year stabilized, you could be obligated to try the less expensive
    • Up to insurance company
  • Nichols – I trust the doctors more than the insurance
  • Hancock – We filed one last session that goes with this; it prevents people who switch insurance to have to start this process all over again

Greg Hansch, NAMI – For

  • Is a critical step for those with SMI to get access to long term health care
  • Fail first protocols can prevent access to life saving and stabilizing medicine
  • TDI found that SMI patients are less likely to file an issue with a medication than surgical or other medication
  • Builds upon existing step therapy process

 

Dr. Richard Noel, Texas Federation of Psychiatry – For

  • Bill will help people in their personal, social, and work life; will keep costs down
  • Campbell – As a physician, what do you think of insurance getting involved?
    • Seen patients stable on a medicine for years, and then have to go through step therapy

SB 2501 left pending