Untitled Texas Attorney General Opinion: KP-0480
Case Details
- Status
- Published
- Procedural Posture
- Attorney General opinion (advisory)
Related Laws
Outcome
Texas Attorney General opinion addressing whether provisions of HB 1763 and HB 1919 regulating pharmacy contracts and referral practices are preempted by ERISA and enforceable against out-of-state health benefit plan issuers and pharmacy benefit managers.
Excerpt
Enacted by House Bill 1763 and House Bill 1919, subchapter M and subchapter L of chapter 1369 of the Texas Insurance Code regulate certain contracts with pharmacists and pharmacies and certain referral and solicitation practices concerning affiliated providers. This opinion addresses whether any of the provisions are preempted by ERISA and whether they are enforceable against health benefit plan issuers or pharmacy benefit managers administering a health benefit plan domiciled outside of Texas.
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