§ 540.0277 — PHARMACY BENEFIT PLAN: PHARMACY BENEFIT PROVIDERS.

Texas § 540.0277

• Jurisdiction: Texas
• Code GV: Government Code

Text

Sec. 540.0277. PHARMACY BENEFIT PLAN: PHARMACY BENEFIT PROVIDERS. (a) A Medicaid managed care organization's pharmacy benefit plan required by Section 540.0273 in a contract to which this subchapter applies must allow the organization or any subcontracted pharmacy benefit manager to contract with a pharmacist or pharmacy providers separately for specialty pharmacy services, except that:
(1) the organization and pharmacy benefit manager are prohibited from allowing exclusive contracts with a specialty pharmacy owned wholly or partly by the pharmacy benefit manager responsible for administering the pharmacy benefit program; and
(2) the organization and pharmacy benefit manager must adopt policies and procedures for reclassifying prescription drugs from retail to specialty drugs that:
(A) are consistent with rules the executive commissioner adopts; and
(B) include notice to network pharmacy providers from the organization.
(b) A Medicaid managed care organization, under the organization's pharmacy benefit plan required by Section 540.0273 in a contract to which this subchapter applies:
(1) may not prevent a pharmacy or pharmacist from participating as a provider if the pharmacy or pharmacist agrees to comply with the financial terms, as well as other reasonable administrative and professional terms, of the contract;
(2) may include mail-order pharmacies in the organization's networks, but may not require enrolled recipients to use those pharmacies; and
(3) may not charge an enrolled recipient who opts to use a mail-order pharmacy a fee, including a postage or handling fee.

Legislative History

Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611 ), Sec. 1.01, eff. April 1, 2025.