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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Texas Insurance Code - INS § 1369.607. Delivery of Drugs - last updated January 01, 2024 | https://codes.findlaw.com/tx/insurance-code/ins-sect-1369-607/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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