Bill Text: TX HB1008 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the establishment by the Department of State Health Services of a program for the transfer of certain unused drugs to public hospitals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-03 - Referred to Public Health [HB1008 Detail]
Download: Texas-2015-HB1008-Introduced.html
84R6466 EES-D | ||
By: Davis of Dallas | H.B. No. 1008 |
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relating to the establishment by the Department of State Health | ||
Services of a program for the transfer of certain unused drugs to | ||
public hospitals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 1001, Health and Safety | ||
Code, is amended by adding Section 1001.086 to read as follows: | ||
Sec. 1001.086. UNUSED DRUGS TRANSFER PROGRAM. (a) To the | ||
extent allowed by federal law, the department shall establish a | ||
program under which: | ||
(1) a hospital, a nursing facility, or another health | ||
facility may transfer to the department, or an entity designated by | ||
the department, unused drugs that the hospital, nursing facility, | ||
or health facility received reimbursement for the cost of under the | ||
Medicaid program; and | ||
(2) the department, or the entity designated by the | ||
department, distributes to public hospitals the unused drugs | ||
transferred to the department or entity under Subdivision (1). | ||
(b) In operating the program established under Subsection | ||
(a), the department may not, under any circumstances, pay a | ||
hospital, a nursing facility, or a health facility for the unused | ||
drugs transferred to the department or an entity designated by the | ||
department. | ||
(c) The executive commissioner may adopt any rules | ||
necessary to implement the program in Subsection (a), including | ||
rules that provide for: | ||
(1) the types of unused drugs that may be transferred | ||
to the department or an entity designated by the department; | ||
(2) the procedures for transferring unused drugs to | ||
the department or the entity designated by the department; | ||
(3) the procedures for allocating and distributing the | ||
unused drugs to public hospitals; and | ||
(4) the qualifications for an entity to be designated | ||
by the department to receive and distribute unused drugs under the | ||
program, including demonstrated expertise in handling, storing, | ||
and assessing prescription and nonprescription drugs and | ||
coordinating with the state's public hospital system. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the Department of State Health Services shall | ||
establish the unused drugs transfer program as required under | ||
Section 1001.086, Health and Safety Code, as added by this Act, and | ||
the executive commissioner of the Health and Human Services | ||
Commission shall adopt any rules necessary to implement the | ||
program. | ||
SECTION 3. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 4. This Act takes effect September 1, 2015. |