Tex. Health & Safety Code Section 65.052
General Powers and Duties of Commission Related to Program


The commission shall oversee the implementation of the program and coordinate the activities of each state agency involved in that implementation.


The commission shall design the program to be cost neutral by collecting prescription drug rebates after using money in the fund in amounts equal to the rebate amounts to purchase prescription drugs.


The commission shall develop procedures for accepting applications for program enrollment, including a process to:


determine eligibility, screening, and enrollment procedures that allow applicants to self attest to the extent authorized by federal law; and


resolve disputes related to eligibility determinations.


The commission shall publish on an Internet website all average consumer costs for each prescription drug available through the program.


The commission and the contracted pharmacy benefit manager shall integrate manufacturer and other third-party patient assistance programs into the program to the extent feasible. A manufacturer or other third party may decline to link the manufacturer’s or third party’s patient assistance program to the program. The commission shall give preference to integrating patient assistance programs by listing information on those patient assistance programs in a central location on the Internet website described by Subsection (d) that directs patients to those patient assistance programs as appropriate.


The commission shall ensure the program has access to an adequate pharmacy network and give preference to conducting the program using a state pharmaceutical assistance program.


The commission is not required to enter into stand-alone contracts under this chapter. The commission may add the program, wholly or partly, to existing contracts to increase efficiency.
Added by Acts 2021, 87th Leg., R.S., Ch. 626 (H.B. 18), Sec. 2, eff. September 1, 2021.

Source: Section 65.052 — General Powers and Duties of Commission Related to Program, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­65.­htm#65.­052 (accessed Jun. 5, 2024).

Jun. 5, 2024

§ 65.052’s source at texas​.gov