Tex. Gov't Code Section 549.0104
Considerations in Supplemental Rebate Negotiations


(a)

In negotiating terms for a supplemental rebate amount, the commission shall consider:

(1)

rebates calculated under the Medicaid rebate program in accordance with 42 U.S.C. Section 1396r-8;

(2)

any other available information on prescription drug prices or rebates; and

(3)

other program benefits as specified in Section 549.0106 (Program Benefits Instead of Supplemental Rebates; Monetary Contribution or Donation)(b).

(b)

In negotiating terms for a supplemental rebate, the commission shall use the average manufacturer price as defined in 42 U.S.C. Section 1396r-8(k)(1) as the cost basis for the product.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.

Source: Section 549.0104 — Considerations in Supplemental Rebate Negotiations, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­549.­htm#549.­0104 (accessed Jun. 5, 2024).

549.0001
Bulk Purchasing with Another State of Prescription Drugs and Other Medications
549.0002
Value-based Arrangement in Medicaid Vendor Drug Program
549.0003
Period of Validity of Prescriptions Under Medicaid
549.0004
Certain Medications for Sex Offenders Prohibited
549.0005
Prior Approval of and Pharmacy Provider Access to Certain Communications with Certain Recipients and Enrollees
549.0051
Periodic Review of Vendor Drug Program Purchases
549.0052
Medicaid Prescription Drug Use and Expenditure Patterns
549.0101
Definitions
549.0102
Requirement to Negotiate for Supplemental Rebates for Certain Programs
549.0103
Voluntary Negotiation for Manufacturer and Labeler Supplemental Rebates
549.0104
Considerations in Supplemental Rebate Negotiations
549.0105
Required Disclosures in Negotiations for Supplemental Rebates
549.0106
Program Benefits Instead of Supplemental Rebates
549.0107
Limitations on Agreement to Accept Program Benefits Instead of Supplemental Rebates
549.0108
Treatment of Program Benefits for Certain Purposes
549.0151
Certain Prescription Drug Information Confidential
549.0152
General Prescription Drug Information Not Confidential
549.0153
Existence or Nonexistence of Supplemental Rebate Agreement Not Confidential
549.0201
Definition
549.0202
Preferred Drug Lists Required for Medicaid Vendor Drug and Child Health Plan Programs
549.0203
Preferred Drug Lists Authorized for Certain Programs
549.0204
Limitation on Drugs Included on Preferred Drug Lists
549.0205
Considerations for Including Drug on Preferred Drug Lists
549.0206
Submission of Evidence to Support Including Drug on Preferred Drug Lists
549.0207
Publication of Information Relating to and Distribution of Preferred Drug Lists
549.0251
Drugs Subject to Prior Authorization Requirements
549.0252
Prior Authorization and Certain Protocol Requirements Prohibited for Certain Antiretroviral Drugs
549.0253
Prior Authorization Prohibited for Certain Nonpreferred Antipsychotic Drugs
549.0254
Administration of Prior Authorization Requirements
549.0255
Prerequisite to Implementing Prior Authorization Requirement for Certain Drugs
549.0256
Notice of Prior Authorization Requirement Implementation and Procedures
549.0257
Prior Authorization Procedures
549.0258
Prior Authorization Automation and Point-of-sale Requirements
549.0259
Applicability of Prior Authorization Requirements to Prior Prescriptions
549.0260
Appeal of Prior Authorization Denial Under Medicaid Vendor Drug Program
549.0301
Definition
549.0302
Board Composition
549.0303
Conflicts of Interest
549.0304
Board Member Terms
549.0305
Presiding Officer
549.0306
Inapplicability of Other Law to Board
549.0307
Administrative Support for Board
549.0308
Rules for Board Operation
549.0309
General Powers and Duties of Board
549.0310
Board Meetings
549.0311
Board Summary of Certain Information Required
549.0312
Public Disclosure of Certain Board Recommendations Required
549.0351
Definitions
549.0352
Drug Use Reviews
549.0353
Annual Report
549.0401
Definition
549.0402
Provision of Program Information by Pharmaceutical Company
549.0403
Public Access to Program Information
549.0451
Development and Implementation of State Prescription Drug Program
549.0452
Program Eligibility
549.0453
Rules
549.0454
Generic Equivalent Authorized
549.0455
Program Funding and Funding Priorities

Accessed:
Jun. 5, 2024

§ 549.0104’s source at texas​.gov