HBA-MPM C.S.S.B. 1763 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1763
By: Moncrief
Public Health
5/5/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Some major pharmaceutical companies operate programs to provide free or
reduced cost medications to patients who cannot afford the medications and
who meet qualifying criteria.  However, these patient assistance programs
are not widely publicized, and many patients and physicians do not know how
to access them.  C.S.S.B. 1763 requires pharmaceutical companies that do
business in Texas and that provide such a program to inform the Health and
Human Services Commission (HHSC) of the program's existence and requires
HHSC to establish a toll-free telephone number to assist patients and
physicians in locating and applying for pharmaceutical assistance. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.S.B. 1763 amends the Government Code to require a pharmaceutical
company that does business in Texas and that offers a patient assistance
program to inform the Health and Human Services Commission (HHSC) of the
program's existence, the eligibility requirements for the program, the
drugs covered by the program, and information such as a telephone number
used for applying for the program.  The bill requires HHSC to establish a
system that allows members of the public to call a toll-free telephone
number to obtain information about available patient assistance programs
and to ensure that the system is staffed at least during normal business
hours with staff who are knowledgeable about the programs.  HHSC is
required to publicize the telephone number to pharmacies and prescribers of
drugs. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1763 differs from the original bill by transferring from the Texas
Department of Health to the Health and Human Services Commission the
requirement to establish and administer a system under which members of the
public can call a toll-free number to obtain information about available
patient assistance programs.  The substitute amends the Government Code,
whereas the original amended the Health and Safety Code.