HB 1033 (see companion bill SB 875) – Texas

Status: Enacted
Year Introduced: 2021
Link: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1033

Relating to prescription drug price disclosure; authorizing a fee; providing an administrative penalty. House Bill 1033 amends the Health and Safety Code to revise prescription drug price reporting requirements for pharmaceutical drug manufacturers. The bill changes the entity to which a manufacturer must submit its annual wholesale acquisition cost report from the executive commissioner of the Health and Human Services Commission to the Department of State Health Services (DSHS) and transfers to DSHS the duty to publish reported drug price information online. The bill requires certain information reported by a manufacturer increasing a drug price above a specified threshold to be included with the annual report instead of with the price increase report as is currently required. The bill establishes a fee that a manufacturer is required to submit with each report and subjects a manufacturer that fails to comply with the report or fee requirements to an administrative penalty. However, DSHS must provide the manufacturer notice and an opportunity to correct the failure before assessing the penalty.

House Bill 1033 amends the Insurance Code to change the deadline by which a pharmacy benefit manager or health benefit plan issuer must file its annual prescription drug cost report with the commissioner of insurance and the deadline by which the commissioner must publish aggregated data from the reports on the Texas Department of Insurance (TDI) website. The bill requires the reports to include information relating to private health benefit plans that cover prescription drugs and are regulated by TDI but prohibits the reports from including information relating to CHIP or Medicaid.

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