Tex. Health & Safety Code § 439.102 · Subchapter D. INSULIN
WRITTEN VERIFICATION REQUIRED FOR BRAND NAME INSULIN DRUG MANUFACTURER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The manufacturer of a brand name insulin prescription drug for which a generic or biosimilar prescription drug is not available and that is included in the Medicaid vendor drug program formulary must submit to the Health and Human Services Commission a written verification stating whether or not the unavailability of the generic or biosimilar prescription drug is the result, wholly or partly, of:
(1) a scheme by the manufacturer to pay a generic or biosimilar prescription drug manufacturer to delay manufacturing or marketing the generic or biosimilar drug;
(2) a legal or business strategy to extend the life of a patent on the brand name prescription drug;
(3) the manufacturer directly manipulating a patent on the brand name prescription drug; or
(4) the manufacturer facilitating an action described by Subdivisions (1)-(3) on behalf of another entity.
(b) The executive commissioner shall adopt rules prescribing the form and manner for submission of the written verification required under Subsection (a).
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 244 (S.B. 241), Sec. 1, eff. September 1, 2024.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.439.htm
- Text hash
- sha256 39fe75fbf6831dc13a04f062ff97aa39cdaef87957ff14f81ceb1b43ab330c4d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.