NACDS, NCPA laud Texas law regulating PBMs
The National Association of Chain Drug Stores, and the National Community Pharmacists Association today praised the enactment of Texas House Bill 1763, legislation which improves patients’ access to prescription drugs by helping to ensure that Texas pharmacies are fairly and adequately reimbursed for the pharmacy-based services and prescription medications they provide. The bill was signed into law by Texas Governor Greg Abbott on Wednesday, May 26.
Among other provisions, the measure states that pharmacy benefits managers, or PBMs may not “claw back” pharmacy reimbursement after a claim has been adjudicated at the point of sale; require the accreditation or certification of pharmacies or pharmacists in a manner that is in conflict with or more stringent than federal and state requirements; and prohibit pharmacies from delivering or mailing drugs to patients and charging a fee for that service.
The bill also requires fair and adequate reimbursement for all pharmacies.
“NACDS thanks Gov. Abbott, State Sen. Lois Kolkhorst, State Rep. Tom Oliverson, State Sen. Bryan Hughes, and Rep. Eddie Lucio III, for advancing legislation that is crucial for the continued viability of retail community pharmacies in Texas, critical to the health and wellness of the patients they serve,” said NACDS president and CEO Steve Anderson. “NACDS also thanks the Texas Pharmacy Business Council, the Texas Pharmacy Association and the Texas Federation of Drug Stores for their continued efforts to establish PBM transparency and to help Texas pharmacies keep their doors open to patients so that Texans maintain convenient access to critical pharmacist-provided services – such as preventive treatments, immunizations and point-of-care testing.”
Karry La Violette, NCPA senior vice president of government affairs, said, "States across the country are increasingly scrutinizing PBMs, filing suit against them, and working to rein in their opaque, manipulative business practices. By advancing HB 1763, Texas is among those protecting its small business pharmacies and their patients. Independent community pharmacy applauds this new law, and is grateful to Gov. Abbott and the legislators who helped get it across the finish line.”