TITLE: Relating to protection of certain disclosures and communications by pharmacists and pharmacies regarding prescription drug benefits.

SUMMARY: Relating to protection of certain disclosures and communications by pharmacists and pharmacies regarding prescription drug benefits.

FULL TEXT:
AN ACT relating to protection of certain disclosures and communications by pharmacists and pharmacies regarding prescription drug benefits. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 4151, Insurance Code, is amended by adding Section 4151.155 to read as follows: Sec. 4151.155. CERTAIN DISCLOSURES AND COMMUNICATIONS BY PHARMACIST OR PHARMACY PROTECTED. (a) A pharmacy benefit manager may not, by contract or otherwise, prohibit or restrict a pharmacist or pharmacy from informing an enrollee of any difference between the enrollee's out-of-pocket cost for a prescription drug under the enrollee's prescription drug benefit and the out-of-pocket cost without submitting a claim under the enrollee's prescription drug benefit. (b) A provision in a pharmacy benefit manager's pharmacy benefit network contract is void and unenforceable if the provision prohibits or restricts a pharmacist or pharmacy from: (1) informing an enrollee of any difference between the enrollee's out-of-pocket cost for a prescription drug under the enrollee's prescription drug benefit and the out-of-pocket cost without submitting a claim under the enrollee's prescription drug benefit; or (2) communicating with plan sponsors or administrators regarding member services with respect to prescription drug benefits, pharmacy services and benefits, network access and adequacy with respect to prescription drug benefits, partnership opportunities, or prescription claim reimbursement. SECTION 2. The change in law made by this Act applies only to a contract or agreement entered into, amended, or renewed on or after the effective date of this Act. SECTION 3. This Act takes effect September 1, 2025.