Tex.
Ins. Code Section 1369.607
Delivery of Drugs
(a)
Except in a case in which the health benefit plan issuer or pharmacy benefit manager makes a credible allegation of fraud against the pharmacist or pharmacy and provides reasonable notice of the allegation and the basis of the allegation to the pharmacist or pharmacy, a health benefit plan issuer or pharmacy benefit manager may not as a condition of a contract with a pharmacist or pharmacy prohibit the pharmacist or pharmacy from:(1)
mailing or delivering a drug to a patient on the patient’s request, to the extent permitted by law; or(2)
charging a shipping and handling fee to a patient requesting a prescription be mailed or delivered if the pharmacist or pharmacy discloses to the patient before the delivery:(A)
the fee that will be charged; and(B)
that the fee may not be reimbursable by the health benefit plan issuer or pharmacy benefit manager.(b)
A pharmacist or pharmacy may not charge a health benefit plan issuer or pharmacy benefit manager for the delivery of a prescription drug as described by this section unless the charge is specifically agreed to by the health benefit plan issuer or pharmacy benefit manager.
Source:
Section 1369.607 — Delivery of Drugs, https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1369.htm#1369.607 (accessed Jun. 5, 2024).
