DSHS Proposed Rules to Prescription Drug Price Disclosure
In the October 22nd Texas Register the Department of State Health Services (DSHS) proposed a rule change to the sections impacting prescription drug price disclosure. See a brief overview of the proposed change below.
Prescription Drug Price Disclosure 25 TAC §§229.1 – 229.4
- The proposed new sections are necessary to comply with H.B. 1033, 87th Legislature, Regular Session, 2021, that amended Texas Health and Safety Code, Chapter 441. H.B. 1033 requires prescription drug manufacturers to report certain cost data and price increases for prescription drugs. The promulgation of rules allows DSHS to administer fines for failure to disclose price increases. The proposed new rules specify the fee of $250 that is required when drug manufacturers submit each report.
TDI Proposed Rules to Trade Practices and General Provisions
In the October 22nd Texas Register the Texas Department of Insurance (TDI) proposed rule changes to the sections impacting trade practices and general provisions. See a brief overview of the proposed changes below.
Trade Practices 28 TAC §21.4901, §21.4903
- The department proposes amendments to §21.4901 and §21.4903 under Insurance Code §§1275.004, 1467.003, and 36.001. Insurance Code §1275.004 states that Insurance Code Chapter 1467 applies to a health benefit plan to which Chapter 1275 applies, and the administrator of a health benefit plan to which Chapter 1275 applies is an administrator for purposes of Chapter 1467. Insurance Code §1467.003 provides that the Commissioner adopt rules as necessary to implement the Commissioner’s powers and duties under Insurance Code Chapter 1467. Insurance Code §36.001 provides that the Commissioner may adopt any rules necessary and appropriate to implement the powers and duties of the department under the Insurance Code and other laws of this state.
General Provisions 28 TAC §21.5002, §21.5003
- The department proposes amendments to §21.5002 and §21.5003 under Insurance Code §§1275.003, 1275.004, 1467.003, and 36.001. Insurance Code §1275.003 provides that the Commissioner adopt rules advising the physician or provider of the availability of mediation or arbitration, as applicable, under Chapter 1467. Insurance Code §1275.004 states that Insurance Code Chapter 1467 applies to a health benefit plan to which Chapter 1275 applies, and the administrator of a health benefit plan to which this chapter applies is an administrator for purposes of that chapter. Insurance Code §1467.003 provides that the Commissioner adopt rules as necessary to implement the Commissioner’s powers and duties under Insurance Code Chapter 1467. Insurance Code §36.001 provides that the Commissioner may adopt any rules necessary and appropriate to implement the powers and duties of the department under the Insurance Code and other laws of this state.
